Can I sue the dentist if I still fell discomfort on my tooth? 19 Answers as of April 04, 2013

I had a tooth pulled 3 weeks ago and still feel discomfort. I touched were the tooth should have been and still feel. Something sharp that hurts like heck to the touch.

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Durham Jones & Pinegar | Erven Nelson
Yes, but it would be better to go back to the dentist and have the problem fixed.
Answer Applies to: Nevada
Replied: 4/4/2013
Law Office of Ronald Arthur Lowry
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
Have you reported this to the dentist? I suggest that you see him and if there is something wrong give him a chance to fix it. If that does no good, then see another dentist. If the second dentist says the first dentist did something wrong you may have a claim.
Answer Applies to: Georgia
Replied: 3/21/2013
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
Go back and see your dentist again.... you cannot sue your dentist without a verified opinion from another dentists saying the first one committed malpractice.
Answer Applies to: Florida
Replied: 3/21/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
You can sue if a dentist will testify that the other guy did something wrong which caused the complaints that you have.
Answer Applies to: Michigan
Replied: 3/21/2013
The Law Firm of Shawn M. Murray
The Law Firm of Shawn M. Murray | Shawn M. Murray
I would recommend that you give it a little more time. I had a tooth extracted a few months back and went through the same thing that you are experiencing. It took close to 6 weeks before I was totally healed. If you are still having discomfort after 6 weeks I would suggest that you get back in to your dentist and see what, if any, additional treatment you may need. If that doesn't resolve your symptoms then you may want to consult with a medical malpractice attorney.
Answer Applies to: Louisiana
Replied: 3/21/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You must show that the dentist was guilty of a malpractice. Did he so something that was contrary to general dental procedure that caused you to be harmed. Generally just having pain or discomfort in a tooth is not dental malpractice.
    Answer Applies to: New York
    Replied: 3/21/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Check it out there may be a piece of root under the gum. Get you an opinion of another dentist before you start talking malpractice. There aint no guarantees in this world even tho the TV and Obama administration tell you there are
    Answer Applies to: North Carolina
    Replied: 3/21/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    Not all unanticipated results are related to malpractice. In order to recover on a malpractice claim, an expert witness would need to present the opinion that your dentist fell below the applicable standard of care in his treatment and that your result is not a known risk of your condition or treatment. Absent such an opinion, you will not be able to recover.
    Answer Applies to: Ohio
    Replied: 3/21/2013
    The Law Firm of Stephen M. Reck, LLC
    The Law Firm of Stephen M. Reck, LLC | Scott D. Camassar
    Probably not. You can't sue unless a another dentist gives you a report that there was negligence, but if no permanent injury this will cost far more than you would likely recover even if you won. Get a second opinion and give it some time.
    Answer Applies to: Connecticut
    Replied: 3/21/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Dental malpractice cases are always difficult to prove, as well as expensive and time consuming. You will have to be able to prove a failure to conform to accepted practice, and resulting injury as well, and expert witness testimony is required for that reason. In order to be able to pursue the matter, the consequences would have to be severe enough to merit a substantial enough recovery to justify the time and expense. From what you describe, it just sounds like the normal consequences of an extraction. Rinse your mouth with warm salt water and don't poke the extraction site. Call your dentist and get his/her advice. Maybe you will have to go back in to see what's going on.
    Answer Applies to: New York
    Replied: 3/21/2013
    Attorney at Law | Ernest Krause
    Call the dentist and recount your condition.
    Answer Applies to: California
    Replied: 3/21/2013
    Law Office of Christian F. Paul
    Law Office of Christian F. Paul | Christian F. Paul
    Before you think about suing, I would suggest you make an appointment with the dentist so that he can take care of the problem as soon as possible. If he refuses, and you have to go elsewhere to fix his mistake, then you might have a malpractice action available. Hope this helps.
    Answer Applies to: California
    Replied: 3/21/2013
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    First, get in touch with another dentist and get examined.
    Answer Applies to: Rhode Island
    Replied: 3/21/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    The first thing you should do is get to another dentist (or the same one if you have to) and see what the problem is and what is causing you pain and discomfort. Suing the dentist would be very expensive and depending on what is wrong, in reality, even if he did something wrong the cost of suing would outweigh any recovery you might receive. If he caused permanent damage that might be a very different story.
    Answer Applies to: California
    Replied: 3/21/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    No that's no reason to sue a professional. Discomfort is just part of the healing process.
    Answer Applies to: Iowa
    Replied: 3/21/2013
    Law Office of Michael H. Joseph PLLC | Michael Joseph
    You need to see another dentist to see if the first dentist did something wrong
    Answer Applies to: New York
    Replied: 3/21/2013
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    O course you can sue but will you win? Has the dentist been negligent? Can you afford to pay for a lawsuit? Have you try tell the dentist that your still feeling pain and see if there is anything he can do about it?
    Answer Applies to: Utah
    Replied: 3/21/2013
    Michael E. Wasserman, Esq | Michael E. Wasserman
    Currently you do not know why you are still feeling discomfort. There are many reasons for post-operative discomfort from a tooth extraction. You have to find out why you have the discomfort before you start to consider suing the dentist. If you have not gone back to the dentist who extracted the tooth I suggest that you do. If that dentist cannot determine why you are still in discomfort or feeling sharp pains, you should either ask to be referred to a specialist or find one yourself.
    Answer Applies to: California
    Replied: 3/21/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 3/21/2013
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