Can I sue my dentist for not diagnosing cavities? 12 Answers as of December 29, 2011

You have not stated when you last saw the dentist who you believe missed the caries. You did not bother to provide the new dentist with the last x-rays so no dentist can state within any degree of medical certainty that the caries even existed when the last dentist saw you. You have stated no basis for any claim. Even if you did, no attorney would open a file when your admitted damages are less than $700.00.

You would have to have an opinion from a second dentist that the failure to diagnose was the cause of specific additional damage/(your first dentist did not cause the cavities. ) Did your first dentist not take xrays from time to time? You would need counsel in the state where you bring suit.

Yes. You need a lawyer that specializes in dental malpractice in that state.

While you may technically "have a case" the fact of the matter is most malpractice attorneys will not take such a case because most juries don't award much money against dentists, even for lost teeth. However, depending upon the particular situation and circumstances, that may vary. Speak to an attorney who does malpractice cases about the matter. If the attorney will take the case, then it's likely you have a good case.

Yes you may be able to sue the dentist. Yes you will need to use an attorney in the original state. You will have the burden of proving your case and that the original dentist missed the two cavities. You will need to prove your case as cavities can develop quickly. You will likely need to find original imaging taken by the original dentist which show the actual cavities missed. If the original dentist did not take actual films of the missed cavities, you will have a difficult case. Good luck with your case.

Dental/medical malpractice cases are always difficult to prove, as well as expensive and time consuming. There may be a failure to adhere to accepted practice, and resulting injury as well, but in order to be able to pursue it, you would have to show that the consequences are severe enough to merit recovery.

Medical malpractice cases in the great State of Washington are governed by statutes. RCW 7.70. (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.70). The main question is usually whether the health care provider failed to follow the accepted standard of care in the field. RCW 7.70.030. There can also be causes of action for health care providers making promises they didn't fulfil, or acting without the informed consent of the patient. These cases are extremely difficult and require the testimony of an expert witness.

You would probably need a lawyer from the state where the dentist does business because that is where you would have to file suit. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse/dentist deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse/dentist was negligent. 2. Evidence that the negligence cause some harm. The dentist obviously didn't cause the cavity. You would have to prove that there would have been a different outcome had the dentist diagnosed the cavity earlier. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. Some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.

There is a cause of action (lawsuit) that can be brought by a patient against a dentist for dental malpractice that is similar to a lawsuit against a doctor for medical malpractice, You would need an attorney who is licensed to practice law in Georgia as the suit would have to be brought in Georgia although, theoretically, since you now live in another state the case could be brought in Federal Court, most likely in the state where the dental services were rendered. Do not try to do this yourself as malpractice cases are among the most complicated types of cases in the law.

For a dental malpractice case you need to prove that the dentist breached the standard of care of dentists in that locality, and that the breach caused damages. You will need an expert witness (dentist) to testify that your regular dentist failed to see what he should have seen and breached the standard of care. An attorney from the state in which the dentist practices would probably be best.