Legal Question in Medical Malpractice in New York
Possible Malpractice
My wife was recently at the Dentist and we were told that she needed to redo a root canal. After the root canal she had agonizing pain and the dentist dismissed it as pain from pressure and took some of the filling out from the top. After taking her to a specialist he said that there was an overfill done, however, there may also be infection. It is going to be very costly since the first dentist already took alot of the benefits from my plan. Also, I took notice that after working on my wife's teeth he cleaned the equipment in the sink, resealed them in some new bags and then worked on my teeth. The specialist said that he'll try to save the tooth, but if it still hurts it'll need to be removed. Can I get the dentist to pay, and if he refuses can I sue?
2 Answers from Attorneys
Re: Possible Malpractice
You can. The question is whether your wife's pain and suffering translates into actionable damages. I believe that if she ends up losing her tooth she may have the case.
Btw... I think we spoke before.
Re: Possible Malpractice
To sue for a botched root canal, while technically possible, is highly impractical because the cost associated with a law suit far out weighs the benefits that might be gained from bringing an action. To further illustrate my point, you have to first get the second dentist to say that the performance of the first dentist constitutes a departure from the accepted standard of care. The cost of obtaining such an opinion might be equal to or greater than the out-of-pocket cost of fixing or replacing the damaged tooth. Dental malpractice actions should only be reserved for the worst cases where there is bone loss and long term disruption of the victims life. Remember there must be an act or omission that departs from the standard of care and directly results in a permanent injury in order to bring a law suit.
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