Legal Question in Medical Malpractice in Pennsylvania

Possible Dental Malpractice

A tooth was extracted from my mouth in February by an oral surgeon, and I believe it did not have to happen. A blister formed on my upper gum over the third tooth, and there was no pain. I saw my regular dentist roughly a week later. He took an x-ray and examined. He told me that the tooth needed extracted, the sooner the better. I asked if we could possibly treat w/antibioic?, but he declined while laughing. I have other reasons to be skeptical that this dentist did not do everything he could. I now have to pay over $700 out-of-pocket for a bridge, and future maintenance. If possible, what are my options?


Asked on 9/12/03, 11:07 pm

3 Answers from Attorneys
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Possible Dental Malpractice

DISCLAIMER: This communication does not constitute legal advice. My opinion is based on the limited facts you have stated. I may not have understood your facts properly. Someone else may have a different opinion.

If you believe you have a malpractice claim I urge you to consult an attorney in your State as soon as possible.

From what you have presented, I do not see a malpractice claim. You SEEM to be describing a tooth abscess. (This is not perfectly clear from your description.) Patients frequently have overrate the power of antibiotics to treat infections. In many cases, such as a tooth abscess, antibiotics will not cure the problem, and the infected tissue (or tooth) must be removed.

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Answered on 9/15/03, 10:11 am
Jerry Meyers Meyers Evans & Associates, LLC

Re: Possible Dental Malpractice

You should seriously consider whether the game is worth the candle. Even if successful your attorney fess and costs will be considerable and you may wonder when its all over when the effort was worth the result. And that is if you win. Modest to small injuries are not well compensated in our courts.

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Answered on 9/15/03, 12:51 pm
Stanley Fudor Law Offices of Stanley Fudor

Re: Possible Dental Malpractice

In any type of malpractice case you will need to establish negligence by the actor and damages as a result of that negligence. Negligence will have to be determined by another Dentist who will testify that whatever he did or did not do, did not follow the standard of the industry.

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Answered on 9/13/03, 9:22 am


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