Legal Question in Medical Malpractice in New York

My daughter had root canal three years ago and she is now having problems with the tooth. She went to another dentist and there were two roots that were not removed from the tooth. She has an absess in the tooth and has to have it removed and have an implant in it. Does she have a malpractice case?


Asked on 5/12/11, 8:39 am

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

It seems like the statute of limitations has ran and that you may be barred from commencing a lawsuit on this case. The statute of limitations for all dental/medical cases is two and a half years.

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Answered on 5/12/11, 9:00 am
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

I agree with Mr. Kessler on the statute of limitations. However, it is also imperative to know the date your daughter was last seen by the offending dentist who performed the root canal for any problems your daughter may have experienced with her identified teeth; it may toll the statute of limitations.

Distinctly apart from the statute of limitations, you or your attorney will have to retain the services of a dentist or dental expert who can precisely identify the negligent acts committed by the offending dentist which caused or contributed to your daughter's present problems. Barring the foregoing, you may want to contact the said dentist to perform any remedial work free of charge or refund a portion of your daughter's dental bills for negligent performace of dental services.

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Answered on 5/12/11, 9:42 am


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