Can I legally do something if my dentist in California extracted the wrong tooth? 5 Answers as of February 21, 2011

My dentist in my hometown extracted the wrong wisdom tooth, even though he had all the right information and x-rays. He apologized, and admitted he was wrong.

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Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
Hi there, thanks for the question. Yes, you have a potential lawsuit against your dentist. In California (as in most states) a doctor is required to get informed consenting before performing any procedure on a part of your body. Here the doctor failed to get the proper informed consent (he did not have permission to extract that wisdom tooth).

You may be able to sue the doctor for *battery* and recover damages for any injury to you caused by the doctor's failure to get your informed consent, or by the doctor's performance of procedures or treatments beyond those to which you agreed.

Also, when a physician fails to get proper informed consent, this is considered *negligence*, and may be the basis for a *medical malpractice* lawsuit. You should be prompt in considering whether to file a lawsuit, because the *statute of limitations* (the time within which the law allows lawsuits to be filed) for medical malpractice is one year from the time you knew or should have known that malpractice had been committed. Feel free to contact me with any additional questions you have.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can sue your dentist. Usually the compensation is not much. Contact a dentist malpractice attorney for assistance.
Answer Applies to: California
Replied: 2/21/2011
El Dabe Law Firm
El Dabe Law Firm | Edmond El Dabe
You have a valid medical malpractice claim and you must contact a medical malpractice lawyer.
Answer Applies to: California
Replied: 2/21/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes. But I doubt it is a case worth very much. See a medical malpractice attorney.
Answer Applies to: California
Replied: 2/21/2011
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