Legal Question in Medical Malpractice in California
So I originally had a root canal done on #29 last year by Dentist X. I remember the dentist saying something about being unable to put the post straight in and that he had to go in at an angle. He then took xrays after he was done with the procedure.
He also filled tooth #30 and that is the reason I originally went back this year. The filling had been sloppily done and had overlapped with the tooth next to it, making it impossible to floss. I always got food stuck in there and finally picked my way through with a dental pick. Which is probably what caused the filling to crack, I don't know. I went in complaining of sensitivity to hot and cold. Dentist X did an examination on me and said he was going to refer me to a specialist as I would need to have the filling removed and a root canal done (this is for number 30) what he didn't tell me is that he was actually referring me for number 29, which is the one with the crooked post).
When I got to the specialist, they did a more thorough exam of my cracked filling and said that based on my reactions to the pressure and dry ice, that it was most likely not necessary to do a root canal at this time. They said that since I only responded to cold stimulus for about 4 to 5 seconds, that I could probably just get another filling, with the possibility that I would need a root canal later.
As for #29, they said that they would have to take out the root canal, repair the perforation of the tooth, and do another root canal. They never said the probability of the procedure being successful.
Also, do you think that the dentist who originally did my root canal should have corrected the situation immediately, instead of waiting a whole year to refer me to a specialist to correct it?
Should Dentist X,who originally did the root canal, be held responsible? I don't think it's fair that I paid for the root canal and am now paying for a specialist to fix it. I don't have dental insurance and this is all becoming very costly.
1 Answer from Attorneys
The dentist that did the original root canal and perforated the tooth should be responsible for the perforation. It would be interesting if his x rays show the perforation. Sometimes the x ray does not show the perforation. If the tooth can be successfully repaired, you are lucky. If the tooth is lost, then you have a real problem that would make it worthwhile to contact a lawyer. The location of the perforation sometimes determines the success or probability of success of repair. There are ways to proceed without a lawyer. If the dentist who performed the root canal is a member of the California Dental Association, you can file a complaint with the local dental society which is called Peer Review. A Peer Review action does not obtain for you pain and suffering but it can result in you the dentist who perforated the tooth being required to pay for the repair or refund you the money charged for the root canal. You do not get pain and suffering or lost wages in a Peer Review Claim. You can approach the dentist who performed the root canal, tell them that your tooth was perforated by them, and see if they will cover the cost of repair. If you loose the tooth then you will need a dental implant and crown. This is significantly more expensive than the repair of the tooth. If you need to discuss this further, please feel free to contact me.
Michael Wasserman
www.toothlawyer.com
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