I went to my dentist on 6/11/09 for a simple extraction; The following Thursday I returned because I was still in pain. The doctor re-entered the area and hit my nerve by mistake, she told me I had a dry socket, this week however I am still able to see a portion of the tooth in my gums and I am in pain. I am attempting to find a new doctor but my question is. 1.If the tooth is broken and removed am I able to request reimbursement from the original doctor and should I ask for pain and suffering since I have lost weight and suffered from ear aches since this extraction.

Are you sure it is tooth you see and not bone?
Did the original dentist take an x-ray when you went back after the extraction? Were the roots there?
Normally a dentist will show the patient the removed tooth so the patient can know the roots are out.

You would be attempting to prove that this doctor botched your extraction causing you significantly more pain that you would already experience under normal circumstances. Honestly, it doesn't sound like you have much of a case because you had a dry socket which is pretty common after an extraction and that was more than likely your fault. Did you strictly follow the doctor's orders in terms of caring for the extraction site afterwards? (no smoking, vigorous rinsing, or drinking through a straw).

Truth is, a dry socket happens to a lot of people; it's just the blood clot becoming dislodged. Have you been to an Ear, Nose, & Throat specialist that determined that your ear aches are due to this extraction? It's unlikely the 2 things are related, in my opinion. More likely a coincidence.

As Flossie, mentioned you may just be seeing the bone (since the blood clot was dislodged) which then will increase your healing time. Sometimes fragments remain after an extraction and they will eventually work their way to the surface. Again, this is all pretty common when it comes to extractions

Why do you think you are entitled to be reimbursed from the doctor since you did receive a service? As for pain and suffering, well some is expected considering the circumstances.

You can always contact an attorney if your area to see if you have a case.

You are only "entitled" to sue if the Dentist/Doctor either did something which was out of the ordinary or did NOT do something which he/she should have done. If you get a second opinion and that Doctor agrees that something unusual happened, yes, you have a claim for an pain/suffering caused by the error or omission, not for pain/suffering which normally accompanies the procedure.

So your first step is to determine what is causing the problem and to get that opinion from a medical professional, in writing.

If there was an error/omission you are only entitled to your damages - and only you know what they are.