Legal Question in Medical Malpractice in California

I wasn't pre-warned

I went to the dentist earlier this year. I was told I would need a root canal and a crown. After spending 3 hours on my one tooth, the dentist said he would have to send me to a specialist. At the specialist, he quickly finished the job and then proceeded to tell me that it may or may not work. Less than 6 months after I had the crown put on I am feeling shooting pains in my tooth again. I spent an absurd amount of money for this procedure and I feel like I should have been warned and given the choice between trying to ''save'' the tooth or have an extraction (which will be the next step). Had I known that there was just a chance the root canal would have worked I would have gotten the extaction. I feel like I was mislead so the dentists could make more money. Would something like this fit into malpractice law? If they refuse to refund my money, which I am sure they will; could I have a case against them?


Asked on 10/19/07, 12:16 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: I wasn't pre-warned

Yes in theory. In practice no. The damage is not sufficient great to warrant the expense and financial risk to you or the effort of the attorney. Dental Malpractice can only be won with the testimony of an expert as a practical matter.

That being said, you can sue in small claims for the costs and make the case to the judge that the suit is based only on a theory of lack of informed consent which does not technically require the testimony of an expert. You will have to ask questions of your dentist, defendant to get him to admit first that there was a signficant risk that the tooth could not be saved, and second that he did not advise you of the risk, although as to the second issue you could testify yourself, but it would be your word against his, and the judge may not believe you.

Good luck with the tooth. Hopefully it will be okay.

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Answered on 10/22/07, 4:20 pm


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