Legal Question in Medical Malpractice in Michigan

Dental Malpractice?

I had a root canal done on a by a dicount dentist. As it turns out the root canal was not done completely due to the shape of my root. It curves at the bottom. The general dentist that performed the root canal left the root open at the bottom. Since then the tooth has abcesed and has to be retreated by a specalist. My normal general dentist said he would have refered my to a Endodontist right away because this was out of his skill level. The Endo said he can fix it to the tune of 2000.00. Do i have any right to ask her to pay for the 2nd procedure and give me my money back. I will have letters backing me from both the specalist and my general dentist, X-rays showing before after and the current infection and an estiment for fixing the bad root canal work. Im considering hiring an attorney.

Thanks,

Julie


Asked on 4/07/09, 11:27 am

1 Answer from Attorneys
Renee Walsh LawRefs Nonprofit

Re: Dental Malpractice?

There is no harm in talking to the practitioner to see if she will accommodate your requests based upon the information you provide. If it comes to it, tell her you will consider seeking legal counsel. She should come around.

In medical malpractice, you have to prove duty, breach of the standard of care, causation and damage. Since you have letters from the specialist and general dentist, you have a great starting point to prove breach the elements of the lawsuit. Your dentist should know this and want to avoid a suit.

If you have further questions or concerns, please contact me via my website at www.lawrefs.com.

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Answered on 4/07/09, 11:48 am


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