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6 Cavities filled by dental assistant damaged nerves; possible root canals. What are my legal options?

Grand Junction, CO |

3 weeks ago, I had 8 cavities filled. The dentist himself drilled one molar, and then left the dental assistant to drill and fill the remaining cavities on her own. I went back in, suspecting the need for a root canal. The dentist told me that my fillings were high, so he drilled them down, and said I would not need a root canal. The pain did not go away so I sought the opinion from another dentist. He looked at my xrays and said that I will need a root canal, because my tooth had been drilled down to my nerves. However, several more of the filled teeth now hurt, and I suspect those will also need root canals. What are my legal options if I need root canals on every tooth filled by the dental assistant?

Attorney Answers 5


Ask dentist # 2 if the care at office # 1 fell below the standard of care.

Here is why that is important [blue link below]:

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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I agree with my colleague. Practically speaking, I would advise you to contact an attorney experienced in these types of cases. I can't speak for your state, but in my area, attorneys generally handle "malpractice" cases on a contingency basis. This means they will advance the costs of the case and will only take a fee ( usually a percentage of the recovery) if the case is successful. The attorney would need to get a copy of your records and have them reviewed by another dentist and get an opinion as to whether the first dentist committed "malpractice" . Just so you know, these cases can be very expensive and time-consuming for the attorney to prosecute . To be honest, I might not take a case been involved someone having to get a couple of root canals, simply because the potential recover may not be worth the time and money necessary to prosecute the case. You can discuss that with the local attorney.

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4 lawyers agree


You definitely need to ask your second opinion dentist if the first dentist/dental assistant committed malpractice. If so, the contact a local malpractice attorney. Beware, dental malpractice cases are tough and expensive.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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4 lawyers agree


For any malpractice case, a malpractice lawyer would need to order your records and send to an expert to review to ascertain whether there was a breach of the standard of care.

My office does NOT handle dental malpractice claims, sorry.

Only 29% Contingency Fee! Phone: 215-510-6755

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2 lawyers agree


you should obtain the records from the dental practice and consult immediately with a competent Colorado trial attorney.

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