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Do I have a personal injury case?

Short Hills, NJ |

I have been using my current dentist for 4 years during which time I have had a hard time financially although I have recently sold my business so I have some money now. During the first visit he took xrays of the entire mouth and he has done cleanings, fillings, caps, crowns, etc. I noticed that my teeth were turning gray and asked him about it and he would not comment even though some of the teeth were breaking. I recently saw 2 other dentists who said I need extensive dental work in the $ 50 k - $ 60k range. Most if not all of my teeth will need to be removed with bridegework and partials if not complete dentures. I don't understand why this dentist did not act aggressively or send me to a dental school. Is this malpractice?

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Attorney answers 8


From what facts you presented it doesn't appear to be a dental malpractice claim in that no mistakes were made. Are you saying the dentist should've done more?

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Hard to say without a careful review of the dental records, but these are tough cases to prove. Contact a dental malpractice attorney to review.


Sorry to learn. What is it that you contend dentist did that constitutes dental malpractice?

Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.


It is difficult to determine without looking at your medical records. Gather your file and consult with a local personal injury attorney. Most provide you with a free consultation, so you have nothing to lose. Best of luck.


Todd N. Hendrickson
100 S. Brentwood Blvd., Suite 300
Clayton, MO 63105

This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see


More info is needed. Contact the above lawyer in your state to investigate.


The standard of review in a dental malpractice case is whether or not there was a deviation from the accepted standard of care. In other words, there is an accepted standard of care that all dentists are required to exercise in any given situation. If the dentist meets that standard of care, then there is no deviation, and therefore no malpractice. Conversely, if the dentist fails to meet that standard of care, then there is a deviation, and malpractice has occurred. Once malpractice has been established, then the next step is to determine whether or not you have sustained any damages as a result of the deviation. If your condition was not worsened by your dentists actions, then there may be little to no damages to recover.


It is unsure if you can prove malpractice. It is a tough standard as my colleague above stated. Get copies of all dental records and bring them to a local personal injury attorney who handles medical malpractice claims. I do this type of work. You can contact me for a free 30 minute consult if you are interested.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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