Yes you "can". But, the more important issue is whether the underlying facts give rise to a viable claim alleging a breach of the duty of care. Secondly, and more important in dental malpractice claims, is whether the potential damages merit the brick bat of a lawsuit. I know, I have handled dental malpractice cases.
As a practical matter, you might check with a new treating dentist to see what alternatives exist for putting your oral health back on track on an ongoing basis from this point forward.
You should consult with an experienced malpractice attorney in your jurisdiction. This is a legal information website and actual legal advice can not be given in this context based on a summary posting. I do truly wish you the best.
SEE ARTICLE BELOW FOR INFO ON MEDICAL MALPRACTICE (The same legal elements of proof exist in dental malpractice as in any medical malpractice claim.)
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
You can sue but you'd spend more money pursuing the claim than you'd ever recover. Your damage model is too limited. A reasonable settlement value might be $5,000 or$10,000. But these cases cost far more to pursue. Usually a case like this costs $10,000 to $25,000 to pay for medical experts, collect medical records, pay court reporters, take depos, travel costs, etc. This is why most dental malpractices can't get off the ground. A dentist is usually unable to do "enough" damage to justify the cost of holding them accountable in court.
The statute of limitations on malpractice in Arizona is two years, so if you can going to do anything about this case, you should act quickly. Consult a dental malpractice attorney as soon as possible to find out if one is willing to take on your case.
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