Do I have a personal injury case?

Asked over 1 year ago - Short Hills, NJ

I have been using my current dentist for 4 years during which time I have had a hard time financially although I have recently sold my business so I have some money now. During the first visit he took xrays of the entire mouth and he has done cleanings, fillings, caps, crowns, etc. I noticed that my teeth were turning gray and asked him about it and he would not comment even though some of the teeth were breaking. I recently saw 2 other dentists who said I need extensive dental work in the $ 50 k - $ 60k range. Most if not all of my teeth will need to be removed with bridegework and partials if not complete dentures. I don't understand why this dentist did not act aggressively or send me to a dental school. Is this malpractice?

Attorney answers (8)

  1. Michael A Ferrara Jr

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . Sorry to learn. What is it that you contend dentist did that constitutes dental malpractice?

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . More info is needed. Contact the above lawyer in your state to investigate.

  3. George Costas Andriotis

    Contributor Level 20

    6

    Lawyers agree

    Answered . From what facts you presented it doesn't appear to be a dental malpractice claim in that no mistakes were made. Are you saying the dentist should've done more?

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Mark Vincent Kuminski

    Contributor Level 7

    4

    Lawyers agree

    Answered . The standard of review in a dental malpractice case is whether or not there was a deviation from the accepted standard of care. In other words, there is an accepted standard of care that all dentists are required to exercise in any given situation. If the dentist meets that standard of care, then there is no deviation, and therefore no malpractice. Conversely, if the dentist fails to meet that standard of care, then there is a deviation, and malpractice has occurred. Once malpractice has been established, then the next step is to determine whether or not you have sustained any damages as a result of the deviation. If your condition was not worsened by your dentists actions, then there may be little to no damages to recover.

  5. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . Hard to say without a careful review of the dental records, but these are tough cases to prove. Contact a dental malpractice attorney to review.

  6. Nathanael Prada

    Contributor Level 12

    4

    Lawyers agree

    Answered . It is difficult to determine without looking at your medical records. Gather your file and consult with a local personal injury attorney. Most provide you with a free consultation, so you have nothing to lose. Best of luck.

  7. Todd Nathan Hendrickson

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . Todd N. Hendrickson
    100 S. Brentwood Blvd., Suite 300
    Clayton, MO 63105
    314.721.8833
    Hendricksonlaw.com

    This answer is provided as a public service for informational purposes only. Providing this information does not... more
  8. Matthew C Simon

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . It is unsure if you can prove malpractice. It is a tough standard as my colleague above stated. Get copies of all dental records and bring them to a local personal injury attorney who handles medical malpractice claims. I do this type of work. You can contact me for a free 30 minute consult if you are interested.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more

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