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I went to a dentist more than a week ago. On getting there I told her I felt some sensitivity in my rear tooth and she looked at

Brooklyn, NY |

it and said there's nothing wrong and there are no cavities. Then I told her I was getting braces and have already consulted an orthodontist and he said I should get the tooth in the back removed since there's no room for it. Instead of her referring me to an oral surgeon after she did an x-ray and concluded that the root of the tooth is snaked in her own words, she sat me down in that chair for 4hrs banging on my tooth and other teeth and sometimes leaving me in the room and taking breaks and making calls while I was in pain. Then she said I don't i think I can do this anymore but I will refer you to someone else. On getting there, the surgeon only took 20 minutes and he was done, but now have been having pain and migraine for more than a week and can't sleep or talk.

Attorney Answers 3


  1. Unless you have some sort of permanent injury, it is probably a case that most attorneys would not pursue. Not only do you have to show that the dentist failed to adhere to the relevant standards of care, but that you are worse off as a result of any alleged negligent act the dentist committed. You complaints now could be the regular sequelae of a pulled tooth. That said, you should consult with a local attorney if you feel wronged.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising


  2. Even assuming the dentist was negligent, it does not sound like your damages are sufficient to warrant a dental malpractice suit becuase they are very costly to pursue. As for removing a tooth for the braces, I recently had braces and my orthodontist wanted to remove healthy teeth to make it easier for him but I wouldn't allow it and everything went fine.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. Without damages, a lawsuit would be fruitless. I'm glad that you are OK, and good luck with the braces.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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