In order to answer your question, you would need to seek the advice of a medical malpractice attorney who can obtain your dental records and have them reviewed by an expert. Your injuries and description of the incident sound like you may have a malpractice case, but, again, this needs to be determined by a thorough record review. Feel free to call me to discuss this further.
I'm sorry to hear about your injury. To find out if there was malpractice, a local med mal lawyer would need to order your records and send them to an expert to review to ascertain whether there was a breach of the standard of care.
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It may very well be an error by the dental student and/or the dentist tasked with overseeing her. Unfortunately, that an error existed is not always enough to pursue a legal claim. A plaintiff must also have sufficient damages such that the cost of pursing litigation doesn't overwhelm a reasonable settlement value of the claim. This happens alot in dental malpractice cases. Dentists, by the very nature of their work, have a hard time creating enough of an injury when they mess up. Maybe this particular dentist caused you to suffer $8,000 in additional dental fees and maybe another $15,000 in pain/suffering. So a reasonable "settlement value" might be $20,000. The problem is that these cases are expensive to litigate; experts must be retained, depositions taken, court reporters paid, filing fees paid, etc., etc. You might very well spend $30,000 litigating the case for that $20,000 settlement. Not economical in the end.
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