Is there any loop hole around the statute of limitations for dental malpractice

Asked almost 3 years ago - Middletown, CT

3 years ago i had a cavity that my dentist had drilled and filled several times. eventually he decided to do a root canal and put a crown on. now ive learned that the crown is far to big for my teeth and it has caused the surrounding teeth to crack. also because the crown isnt flush with the tooth i have pretty serious gum disease only surrounding this area. the cost to have the cracked teeth fixed (which now need a crown of their own), replace the crown that doesnt fit, and now to deal with the gum disease exeeds 2 thousand dollars! i definately dont have that. now the statute of limitations in connecticut for dental malpractice is 2 years. this happened 3 years ago. but since the nerve was removed i didnt feel any pain so i had no clue there was a problem. can i get around this?

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Many states have what is known as the Discovery Rule, and the Statute of Limitations doesn't start to run until the injury is discovered. Search Avvo for a medical malpractice lawyer in your state and call to find out if your state has the Discovery Rule.

    Click on name or picture to see profile page.
  2. Jeffrey Mark Adams

    Contributor Level 20

    Answered . Loopholes are a legal fiction. There are certain tolling (or extension) provisions. Consult with a local and experienced dental malpractice attorney. Good luck.

  3. Daniel Paul Buttafuoco

    Pro

    Contributor Level 16

    Answered . Contact an experienced medical malpractice attorney.

  4. John Scott Wallach

    Contributor Level 8

    Answered . you will definitely need to consult with a lawyer with knowledge of the malpractice Statute of Limitations, in the state where the malpractice occurred. If you live in a different state than where you received the negligent care, your home state's laws are not applicable.

    John Wallach
    St. Louis, MO

  5. William G. Mccabe

    Contributor Level 9

    Answered . Typically there is no way around the Statute of limitation for dental malpractice unless it is tolled for some reason. However, if you continued seeing this dentist after he or she placed the crown you may be able to allege continuous treatment or failure to diagnose, which may apply to your situation. Feel free to contact me with any questions.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,542 answers this week

3,047 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,542 answers this week

3,047 attorneys answering