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.
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!
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.
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.
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