Legal Question in Medical Malpractice in New Jersey

Re: dental

I cannot speak for other attorneys, I can only tell you why I, personally, would not get involved in this case.

You described a �possible� violation of the standard of care, but at this point, you have some reassurance from the second dentist that there was no actual harm caused by the retained dental pick. No damages = no case.

That said, there are number of issues you need to be aware of.

First, while you�ve given no reason to question whether second dentist is being fully honest, there is at least some tendency in all professions to avoid pointing a finger at one of their colleagues. So the first issue is whether your son was harmed.

The second issue you need to be aware of is something called the �discovery rule� which may prolong the statute of limitations for a lawsuit. Assuming that this is the case, the time under the discovery rule starts running with the discovery, which you have just described.

In strict answer to your question, I encourage everybody who believes they may have been victims of malpractice to �consider� whether they have a lawsuit, and to contact a medical malpractice attorney(s) sooner rather than later, if they believe that they have a lawsuit.

Many, if not most, medical malpractice will discuss your case with you without charge.

I hear too many stories of people who put off talking to a malpractice attorney, until it is too late to do anything. Often, people call just before the statute of limitations is up. At that time, even if, �in theory� there might be a case, as a practical matter, without time to investigate, an attorney will rarely get involved.

Re: dental

I agree with Mr. Newmark. Not every mistake will make a good lawsuit. In order for you to get damages, i.e. money, you need some type of harm. In this case, I don't see how your son was harmed. Now if this action messed up his teeth somehow, that is a different story.