Legal Question in Medical Malpractice in New Jersey

Over the years I have gone to different dentists and have had the same result. The dentist would give me a root canal, and within a year, it would be infected and then get extracted. I have had 4 failed root canals and have lost 3 teeth over it, the 4th one had a second root canal done to it.

Is this considered a form of malpractice or do I have any claim against past or future dentists that I have the same result with?


Asked on 4/28/11, 6:50 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

If you believe you have a case, I urge you to start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your complaint for free. If they think you have a case, they will invite you to their office to find out more details. Generally they will not charge for this service, but, if they believe you have a case, will offer to take the case on a contingent fee basis, meaning you only pay them out the money they win for you, if any.

From the facts you presented, I, personally, do not see a malpractice case I would investigate.

A bad outcome, by itself, does not mean that the dentist did anything wrong. The fact that you had the same bed outcome with different dentists suggests that there is some special problem with your teeth as opposed to a problem with the dentist's care.

On the other hand, there may be some theory of liability based on failure to refer to a specialist. However, that is not something I would personally pursue.

It is particularly counterproductive to suggest a possible lawsuit against a future dentist.

This is my opinion only, and as I said above, I urge you to seek additional opinions, if you are interested in pursuing legal action in this matter.

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Answered on 4/29/11, 9:12 am


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