Legal Question in Medical Malpractice in New York
in 2007 my general dentist told me i had peridontal disease. he said bone grafts didnt work so he would do a deep cleaning. he never told me how serious the problem was or that it required lifetime treatments, but more importantly he never said i should see a specialist. over the last 4 yrs. i've been trying to find someone on my own to treat was has now become a "health" threatening issue. isnt my first dentist liable for not telling me all the facts or sending me to someone who knew more about this problem?
2 Answers from Attorneys
Dental Malpractice statute of limitations is two and one-half years, with certain exceptions that may toll the statute under well defined circumstances.
Otherwise, your question is more related to dentistry than law. You require the report of a specialist, in the first instance, to delineate any wrongdoing on the part of your dentist in misinforming you or failing to have you visit a specialist, under reasonable standard of care in the industry, and how his commission or omission was the proximate result or a contributing factor to your present condition by a preponderance of the evidence.
You seem to feel your general dentist misdiagnosed a condition requiring specialized treatment. You don't say whether you have continuously treated with this dentist since 2007.
If not, the 2 and one-half year time limit in which you could have started a malpractice case(statute of limitations) may have already expired. You should consult with an attorney. Best, ME Zuller
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