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Dentist removed old filling and filled it with new, and now tooth hurts more than ever.

Raleigh, NC |

I had a cavity filled about 6-7 years ago. The new dentist took out my old filling and refilled it. The tooth seems to have nerve damage now, its not the same anymore and has been like this for few months. The doctor is aware of this, so can I be entitled to any refunds? or the doctor has to pay for any post-treatments with OTHER dentists? Or can I sue him? But is this a hard case to prove?

Attorney Answers 7


  1. The reality in TX is that pursuing medical malpractice cases against dental practicioners are extremely difficult and costly due to Chapter 74 Tort reform which passed in 2003. Malpractice claims no require significant financial investments to bring the claim, are encumbered with caps on damages, and involve many more deadlines and reports than a normal civil action. However, pursuing civil litigation becomes a more appropriate venue when permenant damage becomes evident that may justify the extremely onerous requirements of malpractice claims. An option that is always there is filing a complaint with the Texas State Board of Dental Examiners. http://www.tsbde.state.tx.us/index.php?option=com_content&task=view&id=54&Itemid=65

    While this may not entitle you to a refund, it does create a record of bad care, if substantiated, and may prevent situations like this in the future.


  2. Unfortunately Attorney Miller is correct. As long as your fellow Texans continue to elect right wing lawmakers, wrongfully injured people like yourself will continue to be screwed and left with little legal recourse.

    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.


  3. Generally even if you could prove that the dentist fell below the standard of care your damages are likely limited to the cost of the dental work already done. You likely needed a root canal procedure and crown or some other similar procedure. The practicality of the situation is that you would spend more than you could recover.


  4. It is very hard to sue a dentist. If he did everything correctly, it may be an issue with the filling material or he had to drill out allot of tooth which exposed the nerve. You need to have the case reviewed by another dentist.


  5. A tiny handful of lawyers handle these cases, so Google dental malpractice lawyer to find one.


  6. Dental cases are just too costly for most attorneys who specialize in malpractice cases. I am sorry you have nerve damage, but even if you can prove negligence the costs of litigation far outweigh the damages in the majority of dental cases.


  7. Read other answers in terns of malpractice, but you can always sue a dentist under contract law. I have been successful in getting dentists to small claims court under contract law and get refunds and future /subsequent treatment and attorneys fees... Get a local attorney to help you with that...

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