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Can I sue a dentist for neglecting my initial TMJ symptoms and prescribing a very thick and poorly fitted night guard that...

Fairfax, VA |

Can I sue a dentist for neglecting my initial TMJ symptoms and prescribing a very thick and poorly fitted night guard that worsened the TMJ situation and most devastatingly caused a terrible open bite in my case. I cannot chew food, lost weight, have pain all the time. My speech is being affected as well. My career has been affected as I turned down a promotion opportunity because of this.

Attorney Answers 5


  1. Without more facts and a review of the record it is difficult to tell. However, if what you say is true you have had serious consequences. How did you determine that the night guard was poorly fitted? Did another dental professional tell you this or are you just assuming? If there is support for this you might have a good claim. Accordingly, you should immediately consult an attorney who specializes in dental malpractice in your area.


  2. First you need to see another dentist. Then you need to consult with a dental malpractice attorney to evaluate what, if any, claims you have. DO NOT mention to the second dentist that you may be seeking to bring a lawsuit against the first dentist as this may impact his analysis of you and the cause of the problems you suffer.


  3. A tiny amount of lawyers handle these cases, so best bet is to Google "dental malpractice lawyer"


  4. Dental malpractice are difficult to pursue because of the expenses and usually limited damages. You need to find someone in VA who is willing to take on a dental malpractice case. I wish you luck.


  5. By way of additional information, you likely have a two year statute of limitations from the date of injury.

    The Commonwealth of Virginia has a single dental school, the Medical College of Virginia School of Dentistry. Dental Malpractice cases generally require expert testimony to set the "standard of care" below which you alleged the practitioner fell.

    Otherwise, counsel covered it generally. You should seek assistance from counsel promptly.

    I provide this information in general terms for information purposes only and as a courtesy regarding the law of the Commonwealth of Virginia. Neither I nor my firm are your lawyers until you sign a legal retainer agreement and pay us an advanced legal fee. You may not rely upon our advice and we are not your lawyers by offering this general information. Cases are complex both factually and legally, and we recommend that everyone consult counsel of their choosing if anything other than general information is needed.

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