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.
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.
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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.