Three years ago, I went for my routine dental cleaning. The dentist suggested me to remove the old filling and put a new crown on it. I agreed. After the crown, I couldn’t eat on that tooth and went back to the office. He said that it is normal and will reduce the discomfort over time. Over the years, I always bite at the other side of the teeth. Recently, that crown caused me even pain to floss so I went to my now dentist. He said that it was a defective crown and need to be replaced. I went to my previous dental office. The original dentist is no longer working there. A new dentist is assigned to put a new crown on it free of charge. However, now, my tooth that had the new crown on is constantly in pain. I have to take pain medicine everyday two to three times a day to get by.
Personal Injury Lawyer
Before looking to see if there is a medical malpractice case here, we have to see what are the damages. If the defective crown is being replaced for free and that currently have pain which I assume will go away once the procedure is done and your tooth is fixed, your damages appear to be very limited in the context of a medical malpractice suit. Generally, a med mal suit makes economic sense only if there are catastrophic damages involved-such as death or permanent handicap or some such. Otherwise, because med mal cases are so expensive it own't make economic sense to pursue one, even if the law is on the side of the injured and that the doctor has been negligent.
You should have a free no obligation consultation with a local attorney to figure out whether your damages are significant enough to warrant the expenses.
I hope this helps-
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information and for entertainment purposes and is only for issues arising under Illinois Law. This answer does not create an attorney-client relationship. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case
Contracts / Agreements Lawyer
If I am correct, the statute of limitations (deadline for filing a lawsuit) is 2 years in Georgia from the date you knew or should have known of your injury, regardless of whether you frame this as a medical malpractice case or a general personal injury case. Absent fraud, or some situation where you could not know of your injury, that deadline is firm. As you have said your problem started three years ago, and you knew right away something had gone wrong, you may be out of luck with this.
You imply that something went wrong with the replacement of the crown, which, if true, could be an entirely different event. Further, if you need a root canal as a result in order to kill the pain, and that is a result of a "botched" replacement procedure, that could be a significant injury.
I agree that you should see a local qualified injury attorney to discuss these issues in more depth, show him records and x-rays, etc.... Please be prepared that the answers to these questions are going to lie in the hands of experts, so some investigation (or at least a visit to a fourth dentist) may be required to determine the specific causes of your problems.
Sorry to hear you're going through this. Good luck.