Can I file a Personal Injury claim against the Dental Malpractice?

I recently had $9000 worth of dental implants done on my mouth(2009). $9000 was what the insurance didn't pay. To make a long story short, I had a tooth that fell out that was NOT properly installed even though my dentist charged my insurance for. When I left a message for my dentist over the weekend, I was called by her office today, her receptionist became VERY irate with me started talking to me in a manner that I had never encountered as to I haven't been back there for any type of maintenance. NEVER mind the fact that my tooth was never CORRECTLY installed which could be verified by a dentist that I went to over the recent holiday. Which I have written statement on what was the right procedure. I would like to speak to someone to see what my rights are. I am still without my very front tooth. I am a business women and feel like I am unable to be in front of clients because I feel mortified, I can't speak correctly with the lisp that I have to speak with. I have to speak with my hand covering my mouth to everyone. To be TOTALLY HONEST, I have nightmares of other teeth falling out of my jaw and I am afraid that air will swollen a few and literally choke and die in my sleep. I have never sued anyone or even obtain an attorney for any type of car accident, any dog bite... or anything such as this. I need someone's advice.

Share |

AyerHoffman, LLP | David C. Ayer
Woburn, MA

You can sue for dental malpractice. It is simply another form of medical malpractice. There are a number of attorneys who specialize in this area. Be advised: a bad result does not necessarily mean there was negligence, the basis of medical malpractice. Negligence in this context requires a breach of the standard of medical care. Determining that standard requires the analysis and testimony of dental experts and is a major point of contention in these types of suits. Many things can go wrong during a medical procedure which are beyond the control or expectations of a doctor. These suits are expensive to prosecute and the lawyers who specialize in them are very careful about the cases they take. The vast majority of medical malpractice suits fail.

Answer Applies to: Massachusetts
Replied: 9/22/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Joel H. Schwartz, P.C.

As a general rule, malpractice claims are expensive to prosecute. You typically need a permanent injury to make it worthwhile, as you can spend thousands of dollars in expenses to go forward. One must do a cost/benefit analysis to see whether it is worth it. On the other hand, if an OBVIOUS mistake has been made, an insurance company may be willing to settle the claim. If you like to call me, I know of a lawyer in Massachusetts who concentrates in dental malpractice (he was actually a dentist before he became a lawyer). He is the best in the business.

Answer Applies to: Massachusetts
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.