Can I sue the dentist if I am in a lot of pain and believe my gum is now infected? 7 Answers as of May 13, 2014My wisdom tooth was extracted 4 days ago. The dentist broke of a piece in my gum and left it there. I have the tooth and it is clearly broken at the root/base. I awake in the morning 4 days later and my tooth has been bleeding overnight.
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answer Applies to: California
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Had precisely the same thing happen to me many years ago. Why don't you go back to the dentist and let him clean you up. If there is a piece of the root left in the hole you will likely have infection sooner or later so take care of it now.
Answer Applies to: North Carolina
Andrew T. Velonis, P.C. | Andrew Velonis
From what you have described so far, that is not enough. Pain and bleeding for several days following such an extraction is not unusual. If you believe you have an infection, then typing out questions on a keyboard to lawyers is not the answer, you must get medical attention, the sooner the better. It is possible there is a malpractice case there, but first you have to address the potential infection issue, then there is the question of what is to be done about the piece of the tooth that was left, and then there is the matter of whether the practical considerations (tiem and money) outweigh the potential outcome if a malpractice case were to be pursued.
Answer Applies to: New York