How do i sue my oral surgeon

Asked over 4 years ago - Manahawkin, NJ

i had my 4 wisdom teeth pulled out and my surgeon ended up breaking my jaw,but when he wired my jaw he put a wire to connect the 2 parts of the jaw and it was misalligned and healed wrong,.it should have been plated i still have pain and tingling in my lip,ear aches, and pain, all the while he kept saying your bite is fine even though a month after the surgery i was still in pain from my mouth being mis alligned.i waqnt to know how i go about filing for a lawsuit because my 2 year statue of limitations is in march so i want to make sure i get this filed

Attorney answers (1)

  1. Benjamin Stephen Persons IV

    Contributor Level 8

    Answered . If you wish to pursue a case, get copies of all your medical records and contact an experienced medical malpractice lawyer as soon as possible. I'm not familiar with New Jersey law, however, most jurisdictions require an expert affidavit in order to pursue a case for professional negligence. Meaning, you would need the affidavit of an oral surgeon that the medical care you received was below the acceptable standard of care and as a result caused your injury. Finding an expert to review a case, complete his/her review, and provide an affidavit can take some time, so you must hurry.

    I've been told by expert oral surgeons that a broken jaw is considered an acceptable risk of the procedure in wisdom tooth removal. Whether that is universally held opinion of experts I don't know. When a bad outcome occurs that is a risk of the procedure, experts typically give the opinion that the standard of care was met and no medical malpractice occurred. However, it sounds like you are saying surgeon committed malpractice in his treatment of your broken jaw. The only way to know for sure is to have the case reviewed by an expert.

    Medical cases are more expensive and time consuming than that typical personal injury cases, so most lawyers are very selective. Just because you get turned down by a lawyer, does not mean you don't have a good case. Sometimes you have to be persistent to find a lawyer willing to take on a med mal case. Also, most med mal attorneys will provide a free consultation if they are interested in your case, so call a lawyer today.

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