Legal Question in Medical Malpractice in New Jersey
sue dentist
I went to the Dentist last Thursday 03/19/09 in pain, my tooth was infected. The dentist pulled a tooth. Dentist tried to pull the other tooth despite the fact that I told him I could still feel everything he was doing. I was in terrible pain, asking him please to stop, graving his arm, he didn't stop. He broke my tooth. Tooth was infected so anesthesia didn�t work. Incredible pain. When he stopped and walked away I got up and told him I was going to go to another dentist, he wouldn�t let me go telling me he started and he was going to finish, I left the place and went to the hospital, I was crying in terrible pain, they told me to go to a different dentist as soon as possible because I was bleeding, I did it, the dentist told me I needed surgery and they got an appointment for me in another clinic the same day (emergency), when I got there they took x ray and told me it was better to get it done the next day because my jaw was inflamed or dislocated, I got it done the next day, deep sedation, 3 days out of work, a lot of pain.
03/24/09 I can't open my mouth without pain, my jaw hurts a lot and if I open my mouth my jaw goes to the sides and make a noise when I close my mouth.
The dentist sent me a bill (certified mail)
2 Answers from Attorneys
Re: sue dentist
Good evening,
I read your case history and Mr. Newmark's reply. I'd like to add a couple of thoughts.
In order to win a dental malpractice case, you must prove to a reasonable degree of medical probability that the dentist that hurt you deviated from the standard of care exercised by a general dentist while performing the same type of procedure; and you suffered injuries as a result of the dental malpractice.
A lawyer will take your case history, obtain your treatment records from the dentist that pulled your tooth, the hospital and subsequent treating dentist; and retain a dental "expert witness" to evaluate your potential claim. This dentist will tell you whether the dentist that hurt you committed malpractice.
The cost of hiring an expert and obtaining your medical records will probably run somewhere between $500 - $1500.
Before making this investment, I agree with Mr. Newmark that it is a good idea to consider the extent of your dental injuries. 3 days out of work and a lot of pain by itself will not provide the recovery you will be happy with. On the other hand, if 3 days out of work and a lot of pain is just the beginning of a long course of costly treatment, pain and suffering then you have the type of injury that will support support a dental malpractice claim.
Good luck
Re: sue dentist
Please accept my sympathies for everything you have been through.
It sounds like you have satisfied the basic requirements for a malpractice case. That is you have suffered harm from substandard care.
While it is unclear what, if any, permanent harm you have suffered, potential NJ litigants need to contact an attorney as soon as possible after a potential claim arises, as in addition to the 2 year statute of limitations, some professionals who are affiliated with the state, through UMDNJ, are entitled to a "Notice of Claim" within 90 days of the incident.
Personally I would not invest the time and money that it would take to litigate thus claim, but depending on how much pain you suffered, for how long another attorney might take you case, so I encourage you to contact medical malpractice and civil rights attorneys in your area, ASAP, if you are interested in pursuing a potential claim.
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