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I was pressured into having gingivoplasty surgery after requesting a tooth evening. I suffered gum damage. What are my rights?

New York, NY |

My request was to have my teeth evened out for aesthetic purposes, however my Dentist suggested Gingvioplasty surgery by laser. Instead of being referred to a Periodontist, she insisted that it was a job that she had experience in. The final result was a "Black Diamond", which is a big whole left in my gum line. Her remedy was to give me rinses to have the gum heal but it never did. After this all failed, she made a story up that she referred me to a periodontist, and that I declined. This was one of many fabrications on her part. I have called and emailed them to fix the problem but they have dismissed me completely. Can you please tell me my options? I would like to recover damages because of their malpractice. Thank you for your time.

Attorney Answers 5


  1. Whether you have a case of malpractice in new york requires a review and analysis by an attorney experienced in handling these types of cases, who would undoubtedly consult with an expert doctor familiar with the treatment you received. You must be prepared to prove a departure or deviation from accepted practice, which caused a legally compensible harm, If what you experienced is a known complication of procedure, you may not be abel to recover.
    So, you should contact an attorney near to where you live to explore this further

    Disclaimer: Mr. Milligram is an attorney licensed to practice law in the States of New York and New Jersey. This response is not legal advice and does not create an attorney/client relationship; rather this response is intended to be legal education only and is intended to provide general information about the matter in question. Please note that this answer does not constitute legal advice. It is merely intended to provide educational material and general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


  2. As an injured party, you have the absolute right to bring a lawsuit against the dentist for negligence, assuming there has been a departure from good and accepted dental practice.

    Assuming you locate an attorney to handle your case, it will require that your records be reviewed by another dentist who has been retained by your attorney as an expert witness. The cost of the review is dependent , at least to some extent, on the amount of records reviewed. The cost will likely be $750 - $1400.

    In the event the expert determines the defendant dentist was at fault, you can then move forward. You should be aware, however, that the value of any case is determined by the severity of the injury and any related problems which will extend into the future. These factors will likely be considered by the attorney when evaluating your claims and will play a roll in the decision to represent you..


  3. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.


  4. As my colleagues stated, I would agree that you should have your case consulted with a lawyer as soon as possible. You should request your dental records , including the films, and contact an attorney who handles medical malpractice cases in your area to review your case. Being in the city, there are hundreds of attorneys who can handle this kind of matter. If you do a search on Avvo, you should be able to find an attorney with the experience necessary to prosecute this case.

    If you have not seen a periodontist, you should. Your failure to mitigate damages in this case could be an issue in the future if you have not had appropriate follow-up care. Regardless, you should have the appropriate medical follow-up in order to ensure that your mouth is healthy.


  5. I would consult with a mediical and dental malpractrice attorney immediately. The attorney, in addtion to reviewing your medical files, should also send you for a consultation with a trusted professional to give an expert opinion of the amount of damage sustained and whether the work performed deviated from the accepted standards of practice. I would not seek a "second opinion" on your own, as many doctors and dentists are wary of giving any opinions that another doctors work was negligent.

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