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Do I have a medical malpractice case?

Hemphill, TX |

I went to the dentist for a toothache and he told me the two teeth i needed pulled were infected, so I asked should I start antibiotics and come back and he said NO, I will go ahead and pull it today. By 6 that evening I began to experience severe pain on the opposite side of my mouth from where he had pulled the teeth. The pain was so severe I went to the ER and all they did was give me a shot for pain and nausea and send me home. It has been 2 1/2 weeks since my teeth were pulled and I am still experiencing severe pain which has now radiated into my sinus cavity and ear. My neck and ear are very swollen. Do you think it was malpractice for him to pull my teeth while infected before any antibiotics were administered?

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Attorney answers 2


I have actually tried dental malpractice claims to a jury and settled claims alleging negligent dental services. Malpractice claims required detailed factual review against specific medical standards. Malpractice attorneys nearly always give a free initial consultation.

The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.

Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


If your teeth were infected they needed to be pulled and you should have been given appropriate antibiotics at the time of the extraction and for a week to ten days after extraction. You don't describe any followup care. See your PCP. A lawyer can't help you until you have a diagnosis which you require for proper care in any event.

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