What is my recourse if my dentist pulled the wrong tooth?
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What is my recourse if my dentist pulled the wrong tooth?
My dentist referred me to an oral surgeon to have teeth 30 and 31 pulled instead he pulled 31 and 32.He apologized and attempted to pull 30 but couldn’t now tooth 30 is loose.None of the teeth were giving me discomfort my dentist is prepping my mouth for partials. Do I have a
case? Oh and he charged me and billed my insurance for the wrong tooth. Should I pursue legal action?
Asked on July 22, 2016 under Malpractice Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, if a physician or dentist performs the wrong procedure, you should have grounds for a malpractice (professional negligence) suit, such as for the cost to perform remediative procedures, and/or for the approximate/equivalent economic value of your suffering or loss. Similarly, doing other harm--such as loosening but not sufficiently pulling the correct tooth--should likewise give you grounds for a malpractice suit. Malpractice is, essentially, unprofessional negligence (carelessness), and what you describe certainly seems to fit the bill. Based on what you write, you would seen to have grounds for a malpractice suit and should consult with a medical malpractice attorney about the situation and about bringing legal action.
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