Legal Question in Personal Injury in California

My mother committed suicide in June. She had been diagnosed with cancer of the throat and jaw.The doctors could have done surgery, but could not recunstruct her throat , so she would not have been able to eat normally or speak again.

Initially, she thought she was having dental problems and went to her dentist for help. The dentist misdiagnosed her twice and gave her antibiotics for what he thought was a fungal infection. This went on for a few months. If he hadn't misdiagnosed her,

maybe the cancer would not gotten as bad as it did. Do we have any recourse against this dentist?


Asked on 12/09/09, 12:28 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

I am truly sorry to hear of your loss. You may be able to sue the dentist if it was something he should have caught or known enough to refer her to a doctor. You will need to get a medical opinion on this. Also you will have to prove that had he referred her sooner that they would have been able to save her jaw and throat. You should see an attorney who does dental malpractice as soon as possible as the time in which you need to file a lawsuit is running. Generally speaking the time to file your lawsuit is 1 year from the date the malpractice should have been discovered or 3 years from the date of the incident WHICH EVER IS SHORTER so don't delay in seeing an attorney.

Again sorry to hear of your loss and good luck.

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Answered on 12/14/09, 8:09 pm


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