Legal Question in Medical Malpractice in New Jersey
Dental Malractice? Instrument broken in tooth Not imformed
Two years ago I had a root canal done. Apprently a piece of instrument broke off in my tooth. The Doctor wrote in my record ''Pt. informed'' However, I was NOT informed of such. Everything seems to be OK (I never even knew about it) until now two years later I wound up with the tooth infected and will have to have the tooth extracted. Do I have any recourse? I certainly would have remembered if I was told an instrument broke off in my tooth. I was not informed of this regardless of what his record states. I understand that this is a possible complication of root canal but I was not informed the complication occurred until 2 years later! Now I will loose the tooth and will need a dental implant in order to keep the bone structure---all at the age of 34! Any recourse on this? All advice is appreciated. Thanks!
1 Answer from Attorneys
Re: Dental Malractice? Instrument broken in tooth Not imformed
You probably do have a claim for malpractice; however, the defense will argue that you knew or should have known about this two years ago, and the statute of limitations is now gone.