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