After 2 rootcanal and a chemical burn from bleach to my gums tissue, a dislocated jaw from a large bite block, my teeth were still sensitive to hot cold and sweets. I went to an endodontist which found the correct tooth three rootcanals later. No hot, cold, sweet pain. Pain and suffering was a 10 +. A chiropracter put my jaw back. Open bleech burn terrible still present. Endo notes say RC missed root and short RC on the 2 previous RC. Endo RC perfect. Help! One of the old RC still aches. All this the past three weeks.
Malpractice is care and treatment that falls below the standard of care and causes injury. The standard of care is basically the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. Injury typically must be severe or permanent in order for the claim to be economically feasible to pursue even if there is malpractice. These cases are very expensive and risky to pursue. Unless it appears there would be a meaningful economic recovery to the patient the cases are cost prohibitive to pursue. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your dental records and have them reviewed by a dental expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
The damages cited in your recitation may not justify the expense of a dental malpractice claim. Consult local counsel to be sure.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
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