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Should legal action be pursued against this DENTIST?

Megamorph

Senior member
My wife, who is 28 and probably should have been smart enough to get a second opinion, went to a neighborhood dentist that she had used once before for tooth pain. Between her regular cleanings, she developed a toothache. The doc checked her out and told her that she needed a root canal. She said ok and the doc performed the root canal.

About 6 weeks later, while she is waiting on her crown, she starts developing severe pain in her gums, tooth, and jaw. My wife NEVER complains about pain, but at times she was literally screaming in pain. She went back to the dentist and he told her that food had got trapped in the tooth and had caused an infection. He prescribed her penicillin and vicodin and sent her on her way.

The vicodin wasn't doing much for the pain and the next day her face/head was swollen up like a basketball. That morning, I immediately started calling around to other dentists and was told that we should consult an endodontist, which is a dentist that specializes in root canals. By the time we reached the endodontist's office later that day, she was in so much pain that she couldn't stand up and was vomiting.

We eventually got her in the exam room and the doc checked her out and looked at her x-rays and records. The endodontist told us this:

1. She most likely did not need a root canal in the first place. It's his opinion that the other dentist probably ruined a good tooth.
2. The root canal wasn't performed correctly due to a number of reasons.
3. The root canal would have to performed again when the infection was gone.
4. Her infection was severe and she should have been prescribed an antibiotic that was much stronger than penicillin. The penicillin wasn't working.
5. It is likely that the tooth will not be able to be saved. They may have to extract it.

My wife has been through severe pain and suffering as a result of the original dentist. Aside from the pain related directly to the tooth, the infection made her physically ill. She has already lost about 6 days of work due to this issue. She earns about $250/day on average.

What type of legal action should be taken against the dentist, if any?

Does anyone have any personal experience with this sort of thing?
 
I'd certainly look into it. If you gather enough evidence from other dentists and specialists, you'd have a case. But then again, I don't know the procedure that goes into suring dentists, but im sure someone on ATOT will.

Good luck!
 
I know what people think about lawsuits here so I will put on my flamesuit and say sue this guy. He sounds incompetent. He basically disfigured your wife permanently giving her a root canal and should be held responsible.
 
Originally posted by: Doggiedog
I know what people think about lawsuits here so I will put on my flamesuit and say sue this guy. He sounds incompetent. He basically disfigured your wife permanently giving her a root canal and should be held responsible.

The endodontist was dumbfounded. His question is, "Why on earth did this dentist recommend a root canal to begin with? Why didn't he just fill the cavity since the tooth was otherwise healthy?"

The only thing I can think of is that the dentist was trying to milk her for more money. I hate to think that, but all of the evidence points in that direction.
 
Originally posted by: Skoorb
Talk to a lawyer, but based on those first few things, yeah I would definitely considering suing over this.

You should at the very least be able to get her lost wages out of him.
 
talk to lawyers and dentists for their opinions. If it was that blatant of a mistake as you describe there's nothing stopping you from suing.
 
Just think of it this way, at least he didn't put her on some antisthetic and then rape her while under. Hear about that happening all the time.
 
If she doesn't loose the tooth, should I pursue this in small claims court where the limit is $5,000? If she does loose the tooth, I would think that she should definitely be compensated more than $5K.
 
I'd be pissed, you only have so many teeth, they're valuable assets. Some kind of compensation is in order.
 
Definatly talk to a lawyer. There is no reason for the tooth to be left open after a root canal. When I had mine done the dentist put a temp filling in it. Thank God I didn't get it crowned though. I broke the tooth a week or 2 later playing hockey.. lol
 
Originally posted by: Megamorph
If she doesn't loose the tooth, should I pursue this in small claims court where the limit is $5,000? If she does loose the tooth, I would think that she should definitely be compensated more than $5K.

I would think 'go talk to a lawyer and ask them'. Your goal is to be compensated, not cash in, right?

Just make this clear when the lawyer asks 'what do you want' and they will give you the best advice they can.

If you're quite sure that all you want is compensation for the cost of medical bills and lost time, you still might not fit it in under $5k.
 
Originally posted by: edro13
$250 a day! What club does she dance at?

She's a color specialist at an upscale hair salon/spa.

To add to the problem, when she misses work and appointments, she not only loses the money from that day, but it is very likely that the client will not return if my wife doesn't show up to work. Her clientele is taking a big hit.

 
In my experience, I've found that it is true that professionals who collect on insurance will recommend a procedure you don't need. My wife has found this to be the case with her dentist and I myself had started a thread about the dentist charging me (would've had to pay out of pocket) for a procedure that was never even done. They claimed that they do it that way to save ME some money (yeah right). A factual and stern letter to them resolved that issue. Point is, they take as much as they can get thinking the client won't care since it's mostly coming from insurance.

Anyway, I would say to get at least 1 more opinion corroborating what the endodontist said. Then you should have all you need for a case. And of course, speak to a lawyer about it. They don't charge for that.
 
Originally posted by: JeffreyLebowski
Definatly talk to a lawyer. There is no reason for the tooth to be left open after a root canal. When I had mine done the dentist put a temp filling in it.

The dentist did put in a temp filling. He just didn't do it properly and food was getting trapped under it.

 
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