Legal Question in Medical Malpractice in New York
Dentist Mistake
My wife recently went to the dentist for a checkup. He saw that she had a root canal done and said it needed to be redone because it wasn't done deep enough. After he did so my wife had agonizing pain everyday for a week. So we took her to a specialist who finds that now the dentist went too deep and went into the gums. That specialist said it might be saved but it will be very difficult and had to recommend someone who she said is the best at this type of job. However, the job will be very expensive and insurance won't be expensive. Can I sue the first dentist for lying to me about the root canal needing to be redone?
2 Answers from Attorneys
Re: Dentist Mistake
What you are really asking is whether there is some theory of dental malpractice against the practitioner who "went too deep"? Is what he/she did a departure from the accepted standard of practice in dentistry? It will take another dentist to answer that question, one who understands and does root canal work. If you can get such a dentist in your corner, yes, you would have your theory to bring suit. Best, M. E. Zuller
Re: Dentist Mistake
As someone who has sued dentists before, I can tell you that it is not uncommon for a root canal to fail and need to be redone. I can't imagine a root canal being so deep that it goes through the tips of the tooth and into the gums. However, the dentist could have caused a perforation. This may or may not be malpractice. If the infection was on the bottom of the tooth (which may be the case) then you have no case.
Now let's go to damages. If the subsequent endo does an apicoectomy and the tooth heals fine you do not have sufficient damages to bring a case. If you lose the tooth you may have sufficient damages.
Remember u need both negligence and damages to sue.
I hope this helps.
All the best
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