can i sue my dentist for negligence?

Question

i was @ my dentist 2day to have 1 tooth pull.the dentist told me she can do it in the office.after 1 hr of her struglling with my tooth and i was scared the whole time,she has to numb me 3 times in 1 hr.then she told me she only pull half out + i have to be sent to an oral surgeon to have it completely pull out.i was in so much pain all these time while i wait for the surgeon to see me and pull my tooth. it tooth 4 hrs to have my tooth pull.can i sued the practise for negligence(since she shouldn't have done the surgery),or sent me asap when she realized that something was wrong instead of struggling with my tooth.we all know what's it like to go to the dentist,the emotional trauma and physical pain is unbearable.please help

Answer 1

As a solicitor who specialises in dental negligence claims on a daily basis in the UK, my own opinion is that it would be difficult to sue your dentist if he/she made an immediate referral to an oral surgeon. This would be the accepted practice.

It could be argued that the dentist should have taken an x-ray and then made an assessment before starting to extract, and this may be negligence if this was not done.

Although yours is a straighforward claim, this one would be quite tricky to prove any negligence.

Answer 2

Dentist's have you fill out a release form at the beginning of the procedure that say basically stuff can go wrong, it's not their fault, blah blah blah. If you signed it, you can try all you want to sue but that paper (which no one ever reads) will magically show up in court. You've signed that you understood the risks and potential complications (even though you didn't your signature says you did). so basically, no way to sue and win. BTW those things happen sometimes. Teeth can be harder to get out than they originally look on the films. Next time you need a tooth pulled, go to an oral surgeon to begin with. They are specialists and the extra money sounds like it would have been worth it.

Answer 3

You can try, but I doubt you'll get anything out of it but a lot of headache and a high attorney's fee. Pulling a tooth is a simple in office procedure. Most people's teeth come out just find. Therefore, most dentists have little worry of complications. If you are underage, one of your parents has signed a waiver stating that they understand the risks involved. If you are an adult, then you have signed one yourself. **Always read everything you sign.** Even when teeth want to be stubborn, and the dentist is having a hard time, they rarely break. And when they do, they can usually get the pieces out easily. Some are even easier to get out once they do break. Your case just happened to have had some more difficulty than others. I highly doubt you got so much emotional and psychological damage that you need to bring suite against the dentist for it. Just deal with it. You'll heal and be okay.

Answer 4

Although you might be able to sue in the near future, what you need to concentrate on right now is to get the best dental care posible. If you are scared of this dentist then ask for your record and take it to another dentist. Your health, that is what matters right now, not punishing the dentist or getting money from him. Do forward him a copy of all your new bills and ask him to reimburse you and that you didnot go back to him because you were very traumatized and felt you could not trust him because he did not even tell you about the hole he made in your mouth. If he ignores you, then find a lawyer. Good luck.

Answer 5

I understand how much pain having your tooth pulled is but right now your not thinking too clearly, probably from the anesthetic cocktail they gave you. Your mouth probably has a big wad of cotton in there right now and every hurts so much the room is spinning, so I'd wait and see how everything is after a week of recovery. You just had major surgery so don't do anything irrational like calling your lawyer to sue the pants off your dentist.

Answer 6

Hmmm...I have no idea. Possibly, but you'd need evidence showing how much pain you were in. Was there a lot of blood or marks left in your gums showing poor dental procedures? Did the dentist give you an option to put you to sleep (with a needle or gas mask)? If she did then my advice would be to have done that instead :/

Answer 7

Wow, I wish I could answer that. It does seem like your day really sucked. I would check with a lawyer. At the very least, you should be able to get your money back.

I am not sure if they do pain and suffering anymore.

But I would look for a different dentist.

Answer 8

I'm sorry for your pain. Unfortunately, you are going to discover that this is a commonplace hazard in the dental community. Everyone's mouth is built basically the same, yet they are different in ways too. You can talk to an attorney about what you went through, but I don't see you getting much out of it. You could also talk to the local branch of the American Dental Association or their board of trustees to file a complaint against her. She could lose her license if found to be truly negligent.

Answer 9

No, you can't sue her. Extracting a tooth isn't always easy! I'm sure she did her best and sometimes a general dentist will try to take out a tooth, but something happens and it becomes more difficult.

Answer 10

You have to be able to show damages. Did you have to be treated at a hospital for pain? What did the 2nd dentist say? I would take her to small claims court and ask for damages for pain and suffering. Bring proof that you had to go to a 2nd dentist. I would also complain to the board that licenses dentists and never, ever go back to that dentist again.