Expert Advice When You Need It Most
Dental malpractice laws in NC state, statute of limitations for dental malpractice, personal injury tort lawsuit
I went to a dentist over 9 years ago and he performed a root canal. I have continued to have problems off and on for years now. I had the tooth extracted last week and the surgeon informed me that the dentist left a dental burr in my root canal area that had broken off. The problem with this is that the dentist did not tell me this had happened and I have suffered with chronic infection for years now and doctors could not find out where the infection was coming from.
Attorney answers (1)
Reputation Level 9
Answered over 3 years ago.
Medical Malpractice Attorney in Pittsburgh, PA.
I am not a NC lawyer but a quick check of the NC statutes specifically GS 1-15; http://www.ncga.state.nc.us/EnactedLegislation/... GS 1-52; http://www.ncga.state.nc.us/EnactedLegislation/... it seems that the general statute of limitations is 3 years. However, when a foreign body is left in you have until one year after discovery that it was left to bring suit but it cannot be more than 10 years after the last act of defendant.
Also you should understand that often instruments can break in the absence of any negligence on behalf of the dentist. However, it would seem that at some point he should have found the broken burr. Another questions is whether the chronic infection, although I am sure quite troublesome for you, is enough damages for a lawyer to bring a dental malpractice case. If you want to pursue the matter you should consult a medical/dental malpractice lawyer in your area as soon as possible. Good luck. 5 people marked this answer as good
Add comment
Related Questions4 Attorney answers: 
Asked by a user in Simi Valley, CA - 10 months ago. 5 Attorney answers: 
Asked by a user in Middletown, CT - 5 months ago. 1 Attorney answers:
Asked by a user in Pueblo, CO - over 3 years ago. |
