Legal Question in Medical Malpractice in Georgia

dental malpractice

7 years ago I had a root canal done. It had problems but the dentist told me it would get better. Around 3 years ago a dentist took an x ray and recommended an endodontist. It didn't bother me and then a few months ago it abcessed and when I went to the endodontist he said the original dentist left a surgical file in my tooth. The original dentist is giving me a hard time about obtaining my dental records. I would just like for them to pay to fix it because the tooth now has to be pulled and it's expensive. Do I have a case?


Asked on 11/06/07, 3:58 pm

1 Answer from Attorneys
Joseph Fried Law Offices of Joseph A. Fried

Re: dental malpractice

Georgia law provides generally that an action for malpractice must be brought within two years of the date of the injury (statute of limitiations) and within 5 years of the date of the negligent act (statute of repose). There are some exceptions (e.g., minority, fraud, etc), but unless one of the exceptions applied, it is unlikley that the case is actionable. I cant give a formal opinion on this, but this is the best I can do with the limited facts avaialalbe.

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Answered on 11/07/07, 9:36 pm


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