Ask Me Help Desk - Had a root channel last year

I had a root channel last year. The dentist brooked a file in my root and after two times of retreatment it is still bothering me .
My tooth need sergory by endodontic and it cost a lot which my insurance does not covers all that money.
I believe that is my dentist's fall and he has to pay for it.
But how can I make him to pay for my sergery, I don't want too pay money to hire an athorny.
What can I do?:o

He's probably not going to just say, yeah, sure I'll pay for the surgery, unless you have some kind of legal action, so I'm guessing an attorney will be necessary, but I guess first you should try just talking to him.

Quote:

Originally Posted by taraneh2

I had a root channel last year. The dentist brooked a file in my root and after two times of retreatment it is still bothering me .
My tooth need sergory by endodontic and it cost alot which my insurance does not covers all that money.
I belive that is my dentist's fall and he has to pay for it.
But how can I make him to pay for my sergery, I don't want too pay money to hire an athorny.
What can I do?:o

You shouldn't have to pay up front for an Attorney - this is a contingent case. If you win or settle the Attorney gets a percentage (in NYS it's usually 33-1/3%, often 40% if the matter goes to trial), if you lose the Attorney gets nothing. It might be difficult to get an Attorney to take the case if your only damage is the endodontist's bill. I assume the Attorney would also look at pain and suffering. Did you lose time from work, require pain medication over an extended period, things of that nature - ? Unfortunately a lot will depend on the dollar amount of your loss.

You have to pay any disbursements (filing fees and the like), win or lose.

You can also demand the Dentist's malpractice insurance info and write the company a letter of demand but once you do that anything you put in that letter can be used in their favor so I most definitely do not recommend this course of action.

And then there's always Small Claims Court.

Quote:

Originally Posted by taraneh2

I had a root channel last year. The dentist brooked a file in my root and after two times of retreatment it is still bothering me .
My tooth need sergory by endodontic and it cost alot which my insurance does not covers all that money.
I belive that is my dentist's fall and he has to pay for it.
But how can I make him to pay for my sergery, I don't want too pay money to hire an athorny.
What can I do?:o

I forgot to mention that the Dentist has to have committed an act of negligence or malpractice in order for you to collect. Unfortunately depending on the circumstances the broken file might not have due to his negligence.

I know this is difficult to understanding because everyone's feeling usually is that they are injured or damaged and so someone was neglectful but that is not necessarily true.