Legal Question in Medical Malpractice in New York

This is dental malpractice question. One year ago I developed a infection underneath a bridge and it cost $6,000 to treat and a new bridge. Now I have 5 infections and it will cost another $20,000 to treat and repair. All the infections were caused by root canals that were mistreated, not properly filled so a space was left at the bottom and bacteria flourished. This work was all preformed by my previous dentist. My present one took over the practice and has had numerous problems with other patients dental work. He is encouraging me to at the very least file a complaint. I understand dental malpractice can be very expensive and damages are difficult to obtain. Is there much hope for me to get some of my money through a lawsuit?.


Asked on 2/11/10, 4:13 am

2 Answers from Attorneys

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

I think so. Depending on whether the work that occurred happened within the last two and a half years you may have a viable suit against the dentist. It seems that the dentist in question, "shorted the root canal" and did not adequately complete the pulpectomy of the root canals. The dentist may have told you that you had "curved roots" or that his instrument could not reach the bottom of the tooth. Even if this was the case, the decision to place a bridge on top of questionable teeth was a bad decision. Especially if the abutment or anchor of the bridge was placed upon the mistreated teeth. The prosthodontist or dentist who placed the bridge should have taken proper radiographic studies to determine whether those teeth could have supported the bridge.

If you would like to discuss this matter in greater detail please email me at [email protected]. I would be glad to review your dental records and tell you what the proper course of action should be.

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Answered on 2/16/10, 6:28 am
Jeffrey Donato Jeffrey M. Donato, Esq., P.L.L.C.

In addition to Mr. Kessler's fine answer, I would like to add that in order to

successfully prosecute a dental malpractice action, your new doctor (or another

expert) would need to be willing to testify against the doctor who committed the malpractice.

Just another issue to consider because the cost could be prohibitive

However, in addition to your economic loss, you could possibly sue for your

pain and suffering as well. You should contact an attorney and ask for

a free initial consultation. Good Luck.

Jeffrey M. Donato, Esq., P.L.L.C

80 Orville Drive, Suite 140

Bohemia, New York. 11716

Office 631-244-1484

Cell 631-978-1067

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Answered on 2/16/10, 9:52 am


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