Is it possible to sue a dentist for bad work on a root canal?

Asked about 1 year ago - New York, NY

I had a root canal done in 2012 by general dentist now I have pain in the root canal. I went to that dentist and asked if she could fixed it but she said that I had to pay for her to do the work. I also called my insurance but they told that the root canal was already paid and she should fix it as a courtesy.

Thank you

Attorney answers (8)

  1. Daniel Nelson Deasy

    Contributor Level 20

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    Lawyers agree

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    Answered . While it is indeed possible to sue, the better course of action at this point is to find a dental malpractice attorney to discuss your rights. Many times, when it comes to any sort of professional malpractice, a bad result does not mean that there was malpractice. Talk to an attorney about this dynamic.

    Best of luck!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Christopher Michael Davis

    Pro

    Contributor Level 17

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    Answered . Yes, you can sue if you can find an attorney in your area that handles dental malpractice. Not very many attorneys do, so you may have to do a bit of research.

  3. David Ian Schoen

    Pro

    Contributor Level 20

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    Answered . Do your self a favor and get a second opinion from another dentist. Then you will find out why it failed and you can consult a dental malpractice attorney if there was a deviation from the standard of care.

  4. Stephen Ross Cohen

    Contributor Level 20

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    Answered . Yes, but you need an attorney experienced in Dental Malpractice.

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los... more
  5. Josh P Tolin

    Contributor Level 19

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    Answered . The short answer is yes you can sue if you have an expert that testifies the Dentist breached the applicable standard of care and it caused you damages. The problem is one of limited damages versus the costs of litigation. I stopped taking dental cases over 20 years ago, not because there isn't malpractice, but the damages are usually limited, and the costs of pursuing these case is too expensive. I hope you find someone local that can help you.

  6. Albert Lee Crosner

    Contributor Level 18

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    Answered . Check it out with another Dentist and then get a Dental Malpractice attorney in your New York area to pursue a case (if the second Dentist believes that the work done was poorly done). Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  7. Jeffrey Ira Schwimmer

    Contributor Level 19

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    Answered . I will be a little more forward then my colleagues. To start with, a big question is how long before you started to have pain in that tooth was the root canal treatment completed in 2012. Another big question is has the cause of the pain been established. The mere fact that you have pain in that tooth does not automatically mean it is related to the root canal work itself. In fact, if the root canal was done properly, the tooth itself is essentially "dead" as the procedure entails the removal of the nerve roots in the tooth. There is still some sensation as there are micropsopic nerve ending in the gum tissues that the tooth remains embedded in. Is there infection ? That could cause pain and of course should be treated, but does not automatically mean it is due to a root canal job - particularly one done many months or a year or more ago. After all is said and done, and as pointed out by others, depending on what the remedial treatment required and the cost therefor is, it will unfortunately often be the case that the expense of litigating a dental malpractice case is not justified by the limited amount of compensation that could be obtained even if the case were successful. But, get a second opinion as to what the cause of your present pain is, the cost to treat and then consult with a malpractice attorney if the second dentist attributes your problem to the way the first dentist did the root canal job.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Only a tiny handful of lawyers handle these cases, and I'm sorry that mine does not, but Google "dental malpractice lawyer" to find a local lawyer in your city to resolve it.

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