Legal Question in Medical Malpractice in New York

I went to a dentist on 6/3/10 for a burning in my entire mouth. And they told that I had something called the Burning Mouth Syndrome and was not treated for that. All they gave me was a prescription for a mouth rinse, which did not help me at all. Here I am and it is 9/1/10 and still I have not found anyone who can help me with this. So I looked up a oral maxillofacial dentist and I found out that the place I was calling was the same dentist I went to in June and that they had a treatment for my illness there and all they did was give me a prescription and send me to my primary care doctor.

Can they be sued for not given me the right treatment when i was there in the right place.


Asked on 9/01/10, 3:33 pm

2 Answers from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

Dental Malpractice is a special niche area of law. Nevertheless, the same standard applies in a medical malpractice case. Did the doctor deviate from the standard care and was that deviation the proximate cause of your injury. Another element to consider is whether you have serious damages or injuries as a result of the this malpractice that has some level of permanency.

Call me, Pasquale Calcagno, Esq. for a free consultation at 1(800)WE-FIGHT and visit us at www.1800wefight.com. We have convenient locations all over New York and can even have an attorney come to you.

I look forward to fighting hard for your rights.

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Answered on 9/06/10, 8:32 pm

Any malpractice case is comprised of two elements; a departure from the standard of care, and injuries or damages that flow from the departure. Even though, arguably, you posit the first in your story, you don' appear to have sustained significant injury or damage. Unless there are such injuries, most lawyers would not proceed with your sort of case. Best, M. E. Zuller

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Answered on 9/07/10, 9:20 am


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