The dentist accidentally pulled the tooth next to the one he was supposed to. Should I sue?

Question

I went to have the one next to the back tooth pulled and he was having a hard time extracting it. When he finally got it out, and as I was in tears and shaking like crazy, he told me he "popped" the one next to it out too. I thought he was trying to make light of the situation at first, but he wasn't. Now I have 2 big empty spaces in my mouth. When I went to fill my prescription, he forgot to put my name on it and the pharmacy (and I) could not get ahold of the anyone at the office for hours. I went 6 hours without my pain medicine on top of everything else! I have always been terrified of the dentist and this is why. Everyone is telling me I shouldn't have paid and should sue. I am not the type to sue but I am very upset and hurt. Should I ? I would be happy with him simply paying for both my implants. Any suggestions on how to handle this situation?

Answer 1

These sorts of situations can rapidly get out of control. I'm sure this was an accident and not deliberate, so start from that premise. He is probably upset too, but may not know what to do.
Firstly, document everything you do about this from here on - letters, phone conversations (who/what/when), etc.
Secondly, write a POLITE and SENSIBLE letter to the dentist to express your concern, and asking him what he proposes to do about this situation. When he receives your letter, he should automatically contact his insurer and seek advice. Normally they take over from there and will tell him what to do and you may get a good resolution without anxiety.
If he responds with an unprofessional or rude letter and doesn't seem to have sought advice from his insurer, then write again and advise him that his letter was unsatisfying, and suggest he discuss this matter with his insurer before replying again. At NO point should you let YOUR emotions show. You are much more likely to get a good response if you don't lose your temper.
If you still have no satisfactory response, then lodge a complaint thru your Consumer Board or whatever, and let things take their course. Your prior communications will show that you have tried to resolve the matter calmly, and if he's lost control, then he'll look like an idiot. Just like some people appear on Judge Judy!
As a dentist of 25 years+, I have made a few accidental mistakes over the years, and have always found the first thing to do is to tell the patient honestly, and to APOLOGIZE. I then ask for some time to talk to my insurer and promise to get back to the patient within the week. I have never had an unhappy resolution, and have always been able to shake my patient's hand at the end. Nobody is perfect, but approached politely and with genuine concern, most people are very understanding.
PS: I don't understand why you think he would be liable to give you 2 implants - surely only one?

Answer 2

IF you have health insurance, you are out very little for the primary care doc and the ct scan and if you have a prescription plan, you aren't out very much for those either----as for pulling the wrong tooth, you could get a lawyer and TRY to recoup some of your money, but the lawyer will cost you MORE then you will recoup for just a tooth... think of it this way---one less tooth that will ever cause you trouble later on. .. People make mistakes, even dentists... the first one SHOULDN'T have pulled the wrong tooth, however, so you could have a case for that... call a lawyer..

Answer 3

Some of these answers do not make sense. Malpractice isn't about doctors PURPOSELY doing something, they are about negligence. The answers that speak to intent, or "honest mistakes" are irrelevant. If a doctor makes a mistake that:

- Results in an additional medical procedures that wouldn't have been needed
- Loss of income due to missed work
- Additional out of pocket expenses
- Pain and suffering

Then a patient is entitled to monetary compensation. Intent,and whether it was an honest mistake or not, are meaningless.

Answer 4

YESS!!! Without question, he/she jeapordized a GREAT deal of your future oral health your eating, maybe even speaking much less the knowledge of the teeth missing or being "false" is a huge "uh oh", not to mention the pain you had as he extracted a healthy tooth (compromising your bone). Don't even contact that dental office again AT ALL, contact a lawyer whom with your permission will be given access to your charts from that office. Any dentist who would be so careless and ignorant should not be allowed to practice (how many other patients just said, "oh well" to his/her mistakes??? Would you take your children to this dentist or want other people taking theirs?)

Answer 5

You should only pay for the one tooth being pulled. Your dentist should pay to replace the one he accidentally pulled out.

Answer 6

You need to do two things. One: turn him in to your state's attorney general and Two: complain to the BBB. The state will investigate to make sure he is properly handling the situation, and the BBB can work with you on a sort of mediation. This is like suing, but you don't necessarily have to go to court, etc. Often times they will settle out of court to avoid the bad publicity. Whatever the case, you MUST do something - you don't want him doing this to someone else!

Answer 7

First, contact the board that he reports to in your state.
Second, contact the District Attorney in your town and ask for advice, including a medical malpractice attorney that can be trusted locally.

Third, take pictures of the holes, document everything.

This quack sounds like a piece of work that needs to have his license revoked before he really screws up and kills someone.

Answer 8

Yes you should. It's not like you can grow another tooth. Who wants to replace a perfectly good tooth with a fake one?

Answer 9

Forget sueing, I'd of punched the guy!

Answer 10

He owes you a free implant, refund of any fees paid, and an apology. If you get it, great; if not, *then* sue. But start getting papers and records ready, just in case.