Would you sue your dentist in this case?

A root canal was performed. The dentist drilled though the tooth root and into the jaw bone and packed the jaw with packing material. Sealed up the tooth and called it good. This caused a major infection and a lot of pain. The dentist is a good person and would not do this on purpose. It was just a mistake that happened that caused a lot of pain. Does one sue for the damages or let it go because the dentist is a nice person?

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firefall · 61-69, M

That's ... a bit more than a mistake, even if unintentional it's kind of scary levels of incompetence; or forgetfulness on a staggering level.

I would probably sue to recover the additional costs in fixing it, but not seek punitive damages against him. But I think I'd also want to flag it up to the licensing board of whatever organisation oversees medical care in your state.

GoldButterfly · F

@firefall That would explain the look on my dentist face when he pulled the tooth.

TexChik · F

There’s a lot to consider there. Was the endodontic ( rootcanal ) treatment completed ? Or was the tooth extracted ?
What was the preoperative condition of the tooth ? How much decay? Was the root fractured? Or was this operator error ( aka negligence ) .
Have you seen a specialist ( endodontist) ?

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GoldButterfly · F

@TexChik It was a root canal and has been completed for the past two years. The tooth was removed and that is when it was discovered there was an infection and the mistake that caused the infection. There was no decay on the root only where it was drilled through and packing stuff was sticking out and into the jaw bone. No fracture in the tooth. The endodontist is the one that did the root canal.

TexChik · F

@GoldButterfly perforations are part of the possible consequences . If you feel you have a case consult an attorney. A malpractice claim will cost you up front . If you win you can ask for court costs and attorneys fees. You can start by contacting your state’s dental board and making a claim . If they determine there was negligence you can then send him a demand letter for what ever it cost you to replace the tooth and other expenses involved with your care at that time . Likely , with a determination of negligence from the dental board, his insurance will settle with you .., negating the need for an attorney .

If , however , there is no finding of negligence ... you will have to hire an attorney who will then demonize the Doctor in an attempt to precipitate a settlement conference with his insurance

GoldButterfly · F

@TexChik Thanks for the info.

suchaslife · F

A good person? In what way?

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suchaslife · F

@GoldButterfly Write to him a letter or send him an email, explaining the pain it has caused you and having to pay for filling and tooth taken out. Snoop and see if this has happened to someone else. Demand a refund, free dental something or an apology. I mean these things happen but from a " nice person" you think he should have not charged you at least for the tooth being taken out. I would send him an email and see what he says. Suing may be hard as these things can happen and very hard to prove negligence