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Dental malpractice root canal extra work without consent

Asked almost 3 years ago - Atlanta, GA

I had two root canals done together last year. THe root canals went okay however when I went back to my regular dentist she removed the temp crowns and put on the perm. ones...It seemed to take her forever, and seemed to do more than I have ever had done on previous RC..My dentist walked me to the counter and explained that the crowns were made to large and she had to remove a large portion of my jaw bone to make them fit....without my consent!?
Ever since I have been on atibitotic after antibitoic have had follow ups with the dentist complaining of pain infection, bad smells etc, she tells me its all normal..My new dentist now says there is an abcess obviously but crowns will hav eto be removed at my expense do I have a case?

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Attorney answers (2)

Keith Samuel Hasson

Reputation Level 13

Answered almost 3 years ago. Business Attorney in Atlanta, GA.

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In Georgia, you can recover for dental malpractice if you can show that the treatment you received fell below the standard of care recognized in the profession, and that the breach of that standard of care caused you injury. Damages recoverable can include past and future medical expenses, as well as pain and suffering. You should consult with an attorney with experience handling dental malpractice cases, and do so soon, as there are time deadlines set up by law for taking certain actions, and the failure to act within those deadlines can result in the loss of valuable legal rights. Best of luck to you.

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Elizabeth Taylor Herd

Reputation Level 14

Answered almost 3 years ago. Medical Malpractice Attorney in Tampa, FL.

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First, I am not licensed in Georgia and can only offer you general advice. Even if you have a case that meets all the technical requirements (which include the opinion of an independent dentist that has not treated you), it will be difficult to overcome a subsequent treater (your new dentist) who is saying that what happened was normal for your course of treatment. The infection may be something that can happen even with appropriate care, but ask your new dentist whether the old crowns were properly sized. Why can't they be disinfected and reused? Is it because they were not the right size? If this is the case and she will at least say that she would not have seated a crown of this size in your mouth you may be able to move forward on a claim.

Contact a lawyer in your state. One of the hurdles you will face will be whether your recoverable damages are sufficient to warrant the cost of the expert dental opinion you will need. Best of luck to you.

Betsey Herd
Morgenstern & Herd
Tampa, Florida

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