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Do I need a malpractice attorney who specializes in dental accidents.

Napa, CA |

2011 I went to a endodontist for a crooked canal to do rootcanal on two teeth. The endodontist had a accident sodium hydochlorite accident. My face swelled five times my face and was black and blue with fluid around eye. I have detailed pictures. It came down about a month later after teeth pulled. I continue to have nerve damage. Upper left side of lip numb and nostril. Now am having lip drop. I was sent to a nerve specialist who said there was nerve damage it should be normal in maybe a year. Its been two years. I asked Dr. to replace teeth with implants. at first she said she would but I must admit it is not her fault. for more details contact me

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Attorney answers 7


You do not necessarily need an attorney who specializes in dental malpractice. Most attorneys who will take medical malpractice cases will also handle this type of case. Having an attorney who is familiar with these procedures would not hurt. More importantly, your statement "it's been two years" concerns me as there may be a real issue with the statute of limitations in your case.

Contact a medical malpractice attorney ASAP for a consult.


The short answer is Yes, seek out an attorney who is experienced in Dental Malpractice matters. But do so quickly, as I think that CA has a short time period, called the statute of limitations, in which a suit must be commenced for malpractice, possibly one year (I leave it to my CA colleagues to verify the exact S.O.L. period that is applicable) and you already have at least two years that have passed (although there may be factors that will affect when that time period "begins to run"). It sounds to me that you have a meritorious claim but records would have to be reviewed and other details gone over, to confirm that. Do not delay.


Find a new endo and immediately consult with an experienced dental malpractice attorney.


1) we can't contact you;

2) with malpractice, you have a year from the date you discovered you were hurt to bring suit or start a claim, so it sounds like you may have blown it.

consult a local dental malpractice attorney.


Best to retain a local dental malpractice lawyer, yes.


You need an experienced medical malpractice lawyer but no dental specialization would be needed. Specialization would be helpful but not necessary. Consult with someone ASAP. You may have a statute of limitations problem.


Whether suing a dentist or physician or back cracking chiropractor... the statute of limitations is basically a year here in California... six months if governmental... and maybe longer for kids (under eighteen years old). As for dental versus medical malpractice, there are attorneys who focus on dental over medical... and when the injury and procedure is isolated to the mouth, that might be helpful... but if the damage involves other body parts like the eye or face... an experienced medical malpractice attorney who has a solid knowledge base in medicine is just fine... so, should one suffer eye, face, lip, nerve trauma from a root canal, one should immediately consult with (meet with one on one or at the very least have an ear to ear meeting by phone) an experienced medical malpractice attorney.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician

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