Can I sue for dental malpractice? 19 Answers as of May 05, 2011

Over the years I have gone to different dentists and have had the same result. The dentist would give me a root canal, and within a year, it would be infected and then get extracted. I have had 4 failed root canals and have lost 3 teeth over it, the 4th one had a second root canal done to it. Is this considered a form of malpractice or do I have any claim against past or future dentists that I have the same result with?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Your case would fall under the medical liability act. You need to contact a medical malpractice attorney. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
David F. Stoddard
David F. Stoddard | David F. Stoddard
You would have to have a dentist review your dental records to determine if any of the dentists were negligent. A bad result, in of itself does not indicate negligence. You have to show that the dentist did something wrong. It is possible that you have a case. You just need more information.
Answer Applies to: South Carolina
Replied: 5/3/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You need to consult with a dental malpractice attorney asap to determine if you qualify.
Answer Applies to: California
Replied: 5/3/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
With this happening in a number of situations and different dentists I doubt a malpractice suit would exist unless you could show some special condition that makes the procedures fail and that a dentist should have known about.
Answer Applies to: Alabama
Replied: 5/3/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You will have to share your dental charts with a dentist and he will have to say whether there is malpractice. To have an infection a year later may not be provable. You need good dental adv ice rather than legal at this point.
Answer Applies to: North Carolina
Replied: 5/3/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    Tough case, if there is one. Need to prove practitioners failed to follow local standard of care and that caused your problems.
    Answer Applies to: Virginia
    Replied: 5/3/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    The answer to your question depends on whether or not the dentist or dentists made mistakes that could have been easily avoided, so that your injuries would have been avoided. You should discuss this with other dentists and/or doctors to try and get answers as to why this is happening and how to prevent same. Those answers will provide you with information, so you can discuss with a lawyer.
    Answer Applies to: Delaware
    Replied: 5/3/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You should consult with a firm that has practiced in this area.
    Answer Applies to: Connecticut
    Replied: 5/2/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It is unlikely that you have a dental malpractice against the dentists. What they are doing is offering you a way to "hang on" to your teeth a while longer by giving you a root canal. In my own experience, they don't often last too long. Speak to a dental malpractice lawyer to see if any of them will take the case. That is the true test.
    Answer Applies to: New York
    Replied: 5/2/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Speak to a malpractice lawyer personally. Most will not charge you for the initial consultation.
    Answer Applies to: Florida
    Replied: 5/2/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    It is not considered malpractice just because the surgery failed to correct the problem. The dentist would have to perform the surgery in a negligent manner and violate a standard of care. Just seems your teeth are a problem and no evidence of malpractice here.
    Answer Applies to: Pennsylvania
    Replied: 5/2/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    You can sue for dental malpractice. However, it is difficult to tell from your fact if you have a case. Usually, an infected root canal will happen at or shortly after the procedure. An infection 1 year later would be hard to relate to dental malpractice without more information. Just because the root canal failed you do not have an action for malpractice. You need another dentist (probably an endodontist) to state that the first dentist did something wrong and but for the error, you would not have had your problem.
    Answer Applies to: Illinois
    Replied: 5/2/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. 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.

    Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 4/30/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes, you can sue for dental malpractice but you have to jump through all the hoops that is required for medical malpractice claims, so you need to hire an experienced trial lawyer who is familiar with the laws applicable to health care malpractice.
    Answer Applies to: Florida
    Replied: 5/1/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    Negligence by a dentist is treated the same way as any professional negligence case. You have to show that the professional, a dentist in your case, provided care which fell beneath the standard of dental care expected to be provided by the local community of dentists. One thing that would give rise to a concern as an attorney is that the way you have provided the information it appears that you went to different dentists and continued to have the same bad results. If that is the case then there may be some other disease process going on in you which is causing you to have these problems. I find it difficult to believe that every dentist you visit provides the same negligent care. The odds are against it. I would first visit an oral surgeon of some kind or other specialist to see if you don't have something else going on before pursuing a case against a dentist as professional malpractice cases are time consuming and expensive.
    Answer Applies to: Florida
    Replied: 5/2/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe. You need to talk to medical malpractice attorney.
    Answer Applies to: Florida
    Replied: 5/2/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes you can sue for dental malpractice but you will need an expert dentist to say that to a medical degree of certainty your dentists care fell below the standard of care of dentists in your community. That may be difficult to get from an expert. The other issue to review is any medical consent form you may have signed. If this is one of the potential medical consequences that COULD happen and it was disclosed to you, it was informed consent and you probably waived your right to sue.
    Answer Applies to: California
    Replied: 5/1/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    If every dentist is getting the same result, I don't see a claim for malpractice there. It may be that you could have a medical condition which causes these problems. It is best to see a specialist.
    Answer Applies to: South Carolina
    Replied: 4/30/2011
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