A dentist did a root canal on the wrong tooth then offered to do the root canal for free, but wants me to pay for the tooth that should have been done. He admitted the wrong tooth was done. I feel both should be done for only what insurance pays, and some compensation should be given since the wrong tooth will need maintenance every ten years at a cost of over $1000 each time. Should I ask for compensation for the years of maintenance also?
2006-12-22 11:11:55 · 11 answers · asked by Katie Mc.. 1 in Health ➔ Dental
Hi there. I was a dental assistant for years. I assisted in a 'wrong' procedure my first month at a dental office (15 years ago) Not only did the dentist not charge his parents but offered free dental care for a year.
With a root canal you will need to crown that tooth now! The good news is they very rarely require maintenance at 10 years unless he does the crown poorly too.
Schedule a meeting with him. You should NOT have to pay for either root canals or the crowns. Threaten to sue him for malpractice. You could easily get some MAJOR compensation for this. (to me that is in essence of $100,000...pain suffering emotional distress) You will need to call another dentist to have a 2nd opinion and confirmation that he did do the wrong tooth. You'll have to pay for the exam and radiograph (x-ray). Have them duplicate the radiograph while you are there so you can take it with you. Use it as leverage for the dentist who treated you.
Good luck and take care!
2006-12-22 11:21:46 · answer #1 · answered by Smiling Belle 2 · 4⤊ 2⤋
As usual, I am going to have to agree with Dr Sam and Emmalue on this one. Too often, I see patients on here giving their version of the situation, and hearing people tell them to "SUE SUE". I will never tell a patient on here that, because there is no way for us to know the true story. There is your version, there is the dentists version, and then there is the truth somewhere in the middle.
As Dr Sam said, was this a case of the dentist having diagnosed 2 teeth that were side by side needing rootcanals, and simply went off your description of which one was hurting and did that rootcanal only to discover when it was over that it was not in fact the one that was hurting, even thought both teeth needed rootcanals? Or did he do a rootcanal on a tooth that was in perfect condition? I would have a real hard time believing that it was the latter of the two.
I had a similar situation in my office. The patient had a horrible mouth, needing thousands of dollars worth of dentistry to repair all the damage in his mouth. He had 2 teeth side by side that needed rootcanals and crowns and said that the one that was hurting the most was the molar. He signed the consent,we did the rootcanal, and prepared the tooth for a crown. The next day he came back claiming that we did the wrong tooth. The dentist explained to him that he had 2 rotten teeth in a row, and that based on his description of where the pain was coming from, we did the one that was the worse off. After listening to the patient complain for about 20 minutes, the dentist finally said "Ok, fine. You say that you wanted the other tooth done, and not this one? Ok, I will do that one at no charge since you feel that I did the wrong tooth. But you need to be aware that you have muliple issues in your mouth, and next time we do work you really are going to have to be certain of what tooth is hurting and which one you want fixed." We did the other rootcanal and crown for free, but given the fact that the patient had, what I call "Yuk mouth" in the first place, we did not in anyway feel that we were responsible for the "maintenance" or the remakes it might need. Regardless of whether it was done then or in the future, the tooth was going to need a rootcanal or to be pulled. According to him we did the wrong tooth, but it was not like we did a tooth that didn't need to be fixed anyways.
So if your situation is similar to what I described, then there is really no reason for you to not pay anything. You planned to pay for one rootcanal anyways, didn't you? Well, you got 2. If you really needed 2, then you got a pretty good deal in my opinion
2006-12-22 14:54:52 · answer #2 · answered by LittleMermaid 5 · 0⤊ 0⤋
It depends on why the tooth was treated in the first place.
It is POSSIBLE that both teeth needed root canal treatment (RCT). Who said the wrong tooth was treated? The diagnosis is made based on the information provided by the patient. If the dentist decided - based on the patient's information - that a certain tooth needed RCT, but he mistakenly treated the wrong tooth, then he would be liable. If he determined that a certain tooth needed RCT and he then completed the RCT, but the patient continued to have a toothache, this doe NOT mean that the dentist treated the wrong tooth. Either the patient responded incorrectly or the patient actually needed two RCT's simultaneously. Once the first one was taken care of, the underlying symptoms of the second one became more noticeable; that's all.
2006-12-22 12:58:31 · answer #3 · answered by Picture Taker 7 · 2⤊ 0⤋
I can't believe a person who was a dental assistant would suggest threatening to sue.
Once you bring in a lawyer, or threaten to sue, the dialogue is pretty much over. Whatever generosity the dentist may have felt will vanish as soon as the threats come out.
A rational discussion in a non-confrontational way should be the first step and will likely resolve the dispute. Only if the dentist is a major jerk or is completely disagreeable to reach a compromise should you turn to a lawyer.
Why are people in this country so eager to advise: "get a lawyer" and "sue him" as the first response?? Most of you seem to think dentists are (unfairly) rich, yet you're willing to make lawyers weathy by filing suits which could be resolved with a little reasonable discussion.
2006-12-22 13:38:11 · answer #4 · answered by emmalue 5 · 1⤊ 0⤋
You are liable to pay for a root canal on one tooth.
If you pay for the root canal done on the wrong tooth, he should do the correct tooth for free. If you pay for the root canal on the correct tooth, the one done on the wrong tooth should be free.
Having said that, I feel he should be liable for all the maintenance on the root canal done on the wrong tooth.
2006-12-22 11:17:07 · answer #5 · answered by Michael Goodfellow 5 · 0⤊ 0⤋
He needs to not charge you for either tooth. You will have to bear the cost of maintaining that extra root canal for the rest of your life. btw, was the tooth he mistakenly did in need of a root canal? If it was, then you might not have as much of a leg to stand on. If it wasn't, you totally do.
2006-12-22 11:21:47 · answer #6 · answered by ♥ Jenn ♥ 3 · 0⤊ 1⤋
Threaten to sue him If you and he come to an agreeable agreement then drop it. You should not have to pay for his mistake. Shows everyone dentists are not as perfect as everyone wishes to think of them. He is insured, are you insured for his mistake?
2006-12-22 12:53:16 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I'd say real liable. Do not pay him anything. I think I'd see a different dentist.
2006-12-22 11:15:09 · answer #8 · answered by beez 7 · 0⤊ 0⤋
Get an attorney, one specializing in medical malpractice.
2006-12-22 11:14:16 · answer #9 · answered by newyorkgal71 7 · 0⤊ 1⤋
yes you should and i would get me a lawyer because you should not have to pay for his mistake.
2006-12-22 11:14:56 · answer #10 · answered by sexy p 1 · 1⤊ 1⤋