Legal Question in Medical Malpractice in New York

I am 36 years old and was diagnosed with early periodontal disease with deep pocketing. I started seeing a dentist in December 2008 until April 2009. The dentist kept refilling a deep pocketed tooth that was attatched to my sinus cavity because I kept getting pain and sensitivity. In March 2009 I noticed decreased ability to smell. Within a few months I completely lost my sense of smell. By October 2009 I was having trouble swallowing. I have been to several medical specialists and there is no definitive answer able to be found. The only thing confirmed is that my sinus cavity is extremely inflammed and I tested positive twice for infection. However, they have chalked it up to severe allergies because a definitive cause can not be found. I have lost 20lbs. and am told the sinus cavity swelling went down some but, I will probably never smell agin. Do I have a case and how do I go about proving this?


Asked on 9/22/10, 4:37 am

1 Answer from Attorneys

As with most medical/dental malpractice claims, it takes an expert of like specialty to review your records and determine whether your treating dentist departed from the standard of practice common to the profession. Also, that departure must have likely caused injury. Many attorneys have access to such record reviewers. The fees for reviewing records and rendering an opinion are significant, and attorneys often pass these on to the prospective client. Best, M. E. Zuller

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Answered on 9/27/10, 10:20 am


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