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  1. #1
    Join Date
    Sep 2012
    Posts
    2

    Default Tooth Pain After Dental Work

    My question involves an injury that occurred in the state of: California. I visited a highly regarded dentist in California. She replaced all of my fillings in my first and second molars. Since that date, October 2009, I reported pain, and visited her 1 month later. She did not diagnose or do anything for the pain. She told me it will eventually go away. It did not. I went to other dentists for review who gave me extensive list of problems with the restorations. I shared them with her, the dentist. She declined that they were causing the problems. I paid her 11,000 dollars. None of the dentists I've seen are willing to get involved and referred me back to her. She dismissed me from her practice after I saw her in 2010 again to look at the problem. But, when there, she did not testing, she just scheduled me and looked at them casually - no texting of the teeth or question/answers - she just looked and said everything is fine. I forwarded her the dental records and reports and she still will not see me or address the issues. I went to a dental pain specialists who is trying to treat the situation as if the Tri-nerve is sensitive, but his treatment (pain pills) is not working. Only the teeth she worked on hurt - no other tooth hurts. She won't see me and other dentists wont treat so I am in pain, out 11K of money and all the dentists reviews are clear and consistent - she ignored cracks and decay - just replaced fillings with no treatment of cracks or decay. All of this can be verified through photographs, records, and xrays before, during and after treatment. I can't even drink water without a straw or eat without being in pain.

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,656

    Default Re: Dental Malpractice

    It's not malpractice. You need root canals as your decay was to deep into the nerves.

    Once you get the root canals, it won't be malpractice if your teeth start to crack and get damaged unless you get crowns after the root canals.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  3. #3
    Join Date
    Sep 2012
    Posts
    2

    Default Re: Dental Malpractice

    If I needed root canals then wouldn't that be malpractice for misdiagnosis and below the standard of care?

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,656

    Default Re: Dental Malpractice

    No, because there is no way to tell just how deep the decay is into the tooth. If the decay is so deep, the drill hits the nerve. Sometimes when the drill hits the nerve, the nerve recovers. Other times it doesn't and a root canal is needed to kill the nerve.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Dental Malpractice

    Quote Quoting Who'sThatGuy
    View Post
    No, because there is no way to tell just how deep the decay is into the tooth. If the decay is so deep, the drill hits the nerve. Sometimes when the drill hits the nerve, the nerve recovers. Other times it doesn't and a root canal is needed to kill the nerve.
    Interesting information...the OP has seen other doctors but they say that they would have done it differently. The OP could see a lawyer and the lawyer may know doctors more willing to put a report together. It maybe the OP has a case, it maybe just the opposite is true.

    This is the problem with medical science - its not science at all...

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Dental Malpractice

    Quote Quoting supo
    View Post
    If I needed root canals then wouldn't that be malpractice for misdiagnosis and below the standard of care?
    it depends.

    did you ask only for your fillings to be replaced?

    why did you want the fillings replaced?

    did you go to this dentist to have your fillings replaced or to have the dentist treat your overall dental issues?

    is the additional decay within the filling area that was replaced?


    - she ignored cracks and decay - just replaced fillings with no treatment of cracks or decay.
    what this sounds like is a patient that went to the doctor to have (possibly) silver amalgam fillings replaced with some other material. If that is the case and you did not actually go to have the doctor be a doctor and treat your dental issues, unless the decay and cracks were apparent y by whatever inspection was performed AND it was involved with the actual and specific area of the tooth the filling was in, it was likely not malpractice.

    If there was an initial exam including x-rays and there was a problem with the specific areas the fillings were and the dentist simply removed and refilled the tooth, there could be a malpractice issue.


    The problem with your question is there is not enough information to make any sort of determination.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dental Malpractice

    Quote Quoting supo
    View Post
    She replaced all of my fillings in my first and second molars. Since that date, October 2009, I reported pain, and visited her 1 month later. She did not diagnose or do anything for the pain.
    And for that you paid $11,000? What else did she do to justify that fee?
    Quote Quoting supo
    None of the dentists I've seen are willing to get involved and referred me back to her.
    Then there's more going on here than you've suggested. Dentists fix other dentists' work as a matter of routine. They provide follow-up care for work performed by other dentists. They replace dental work that was performed by other dentists, as with your original replacement fillings, for a wide number of reasons. They fix horror shows, like "meth mouth".

    If you're going into these dentists office talking from the outset about how you want to sue your former dentist and that you want them to testify for you, I suspect their reaction is to ask themselves how quickly they can get you out of the chair. Try going to a dentist without complaining about your former dentist, without talking about possible lawsuits, and see if you have a different experience.
    Quote Quoting supo
    ...no texting of the teeth or question/answers
    My teeth don't even have cell phones.

  8. #8
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Tooth Pain After Dental Work

    I will note that nowhere in your post does there appear a question.

    Something's missing here. One doesn't pay $11k to replace fillings (replace teeth with implants, perhaps). Have you sent a letter to the state board that licenses dentists??

    The problem with waiting this long is that an action for med-dental malpractice must be commenced within three years of when you knew or had REASON to know it was committed. And I find it VERY hard to believe that you can't find any dentists to work on your teeth, so the issue of not mitigating your damages comes into play even if you still have time on the SOL. (Then there's the matter of an attorney not wanting to take such a case on contingency.)

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