Legal Question in Civil Litigation in Iowa

Dentist did a root canal rather than sending to specialist because she said it was an easy one. She broke off a file in the tooth and Periodontist said because of the condition of the tooth (appeared to be starting to darken) he said the tooth should be pulled rather than doing anything else. He sent me to surgeon ($1300 after insurance) for extraction and implant. Back to dentist who wants $1500 for post and new tooth. I need to pay all or wait until next year (insurance only pays $1500/yr) to only pay $900 after insurance. Should I be expecting this dentist to be paying the bills or at least the post and tooth since she did screw up initially? She did say that it could be that this may have saved me in the long run if the tooth was going bad. Should I be getting a lawyer.


Asked on 5/11/10, 4:23 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

It's worth looking into but what you would have to prove is that the dentist's procedure was the cause of your subsequent problems. That would require hiring an expert witness, and the amount of money you're out would hire that witness for about an hour. You might want to contact your insurance carrier because I suspect that you don't own this lawsuit-I'd bet there's a subrogation clause in your policy.

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Answered on 5/18/10, 9:43 am


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