My understanding is that dental malpractice is a very specialized area. Unfortunately, a forum such as this is really very limited when it comes to any attorney being able to give you a substantive response. Dental malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. You need to have a malpractice attorney get the files and have them reviewed by an expert to determine if professional negligence occurred and if you have any recourse. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...
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Based on the facts that you present, the only advice anyone on this site will give you is to consult with a personal injury/medical negligence attorney from your state, IMMEDIATELY. Each state has different deadlines to file claims with the court. If you miss that date you are forever barred from making a claim. Consult with someone today.
Obviously you have had a bad outcome. Not all bad outcomes are the result of negligence. In order to know for sure, it is necessary for you to retain a lawyer interested in investigating this potential claim. That lawyer will gather your dental records and have them reviewed by a dental expert. The expert will be asked to determine if 1. the standard of care was breached and 2. whether damages resulted from that breach. The standard of care "basically" means whether a similar dentist under the same or similar circumstances would not have done something that was done in your case or would have done something differently, etc. Unless and until such an opinion is secured there is no viable claim.
I do not know the statute of limitation dates in your state. Since it has been some time since your "care" you need to speak with someone NOW.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
It sounds like you may have a case. Attorneys don't usually like to take dental malpractice cases because the damage awards are usually low, and the expenses eat up the recovery. Sounds like your damage claim may in the area that is worth pursuing. You need to contact an attorney that does medical malpractice work. Perhaps he could use the second dentist and oral surgeon as experts. If the job was botched as much as you say they may be willing to testify for minimal expense.
Everyone is spot on here. You really need to consult a medical malpractice attorney. Dental malpractice is tough because most of the time, your problem is corrected by the court date. But you still suffered. It sounds like you are going thru hell, so you need help. But the reality is that your cost of prosecution will be very high. Hopefully you will find a lawyer to take the case. Good Luck!
The court can only award you money. It does not prescribe medication, judges don't perform surgery or dental procedures. Follow the advice of the sage lawyers who have answered your question and good luck.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
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