Legal Question in Medical Malpractice in Michigan
suing my ex-dentist
I had a terrible toothache, went to the dentist. He filled a cavity. I called them and told them it was worse. I went in the next day and the dentist refused to treat me. Same day, i went to another dentist. New dentist tells me I need a root canal because the other dentist shouldnt have filled cavity..it should have had a root canal. The work my ex-dentist did is irritating my nerves, I am 4 months pregnant and taking heavy duty pain killers to make it day to day while waiting for the root canal. I am dehydrated, my baby's ultrasounds show that my condition is not well for the baby. Now, 6 days later my insurance won't pick up the tab for my root canal based on what my ex-dentist did. I have missed work, my baby's health is in danger. Is there anything that can be done?
2 Answers from Attorneys
Re: suing my ex-dentist
It would costs up to $10,000 or more to put a case together against the dentist because experts have to be hired, depositions taken, etc. You cannot imagine the complexity of the litigation. Therefore, because a jury would not award sufficient damages to cover the expenses of pursuing such a case, you cannot sue for malpractice. William S. Stern
Re: suing my ex-dentist
Yes, there is always something you can do. While a lawsuit might be a little burdensome, as medical malpractice lawsuits require an expert opinion re: the alleged wrongful actions by the doctor, you can start by writing a demand letter to the first dentist, explaining what happened, and asking for at least reimbursement of any money you paid to him (unless your insurance picked it all), plus the money you expended after his treatment. Keep in mind that you needed a root canal anyways, and you would have had to pay for it, but its possible your insurance would have paid for the root canal, had it been done by the first dentist.
If you would like to discuss this further, and retain me to send a letter to attempt to recoup some or all of your costs, please contact me for assistance.
Thanks.
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