I had wisdom teeth pulled out in 2008 which led to increased mental anguish/pain/suffering/inability to further visits to any dentists in spite of needing care. The one wisdom tooth experience was very traumatic. I had oral surgery with stitches and several days after they called me to go back in and "reopen" because they supposedly left tooth in there! I have devastated. I had flashbacks of a painful first experience and now was to go back in again. Yes I went and had it done but with excrutiating pain even with extra pain medication during procedure.I never thought of filing lawsuit then. My reason for writing this is after 3 years, I got courage to see a dentist again for a root canal needed. Well they accidently broke a file. I'm traumatized and know the root comes from the first visit
The Statute of Limitation is best determined by an experienced Texas licensed attorney who reviews your dental records. In general, the statute of limitations is 2 years from each act of negligence which causes you damages. I don't know when the "oral surgery" was for sure from your write-up; and the broken file, what injury did that cause?
The statute of limitations in your state is 2 years with some exceptions for discovering injury late.
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It sounds like you have already consulted some malpractice attorneys and that they advised you that in Texas, absent some very unusual circumstances, the statute of limitations is 2 YEARS from the date of injury or date you discovered injury, which was 3 years ago. You may want to discuss the facts in detail with a medical malpractice attorney. However, I doubt most attorneys will be interested in a case like this because in Texas our Texas Supreme Court and Legislature has gutted medical and dental malpractice cases to the extent that attorneys end up spending tens of thousands of dollars in most cases to hire and pay experts to testify in these cases with very few cases prevailing.
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Unless you were a minor (under eighteen years of age) when you had your wisdom teeth extracted, I'm afraid you're out of luck. Texas has a strict two-year statute of limitations on health care liability claims. The clock starts running on the date the malpractice (negligence) occurs, not when the injury either starts or ends. A required notice of health care liability claim extends the two years by seventy-five days, but the notice must be given within two years of the negligent act or omission in order for it to create the extension. There are a couple of exceptions to these general rules, minority being one. However, unless there is more to the story than what you have stated, no recognized execption would appear to apply to your case.
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