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    xminion's Avatar
    xminion Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 10, 2008, 03:31 PM
    Sue or demand damage payment?
    Greetings,

    Saw dentist for pain in a bottom tooth. Dentist couldn't find cause. The next week during a full mouth exam dentist found cavity in tooth #13. I authorized a filling the following week. A few days later, tooth #13, painful and sensitive. Went back to the dentist. He says he suspects a fracture?? Next day, I wake up with a swollen, painful cheek. I called the dentist. He now says infection.

    I cannot tell you the misery and pain the infection brought. I called an emergency dentist
    (found in the Yellow Pages) to start root canal treatment (this was the weekend).

    Emergency dentist sees no evidence of a fracture. Neither does the endodontist.
    Emergency dentist says tooth got contaminated during drill-out procedure.
    Endo says the tooth's pulp got hit leading to the infection.

    BTW, original dentist double-billed me. This to me shows further evidence of incompetence in that office.

    My question: Should I demand damage payment directly, report the dentist to the regulation board, sue for damages, or all three.

    I want the money back spent on nefarious treatment by him, and the money back spent on mitigating damages.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
     
    #2

    Jul 10, 2008, 03:35 PM
    Try this.

    Ask the other professionals that you received this information from, if they will be willing to testify at the trial when you sue this dentist.

    I don't think you will be happy with the answer.

    While not impossible, I think it will be difficult for you to prove that there is zero chance that there was any infection present prior to the work this dentist did.
    flossie's Avatar
    flossie Posts: 1,903, Reputation: 181
    Ultra Member
     
    #3

    Jul 10, 2008, 05:07 PM
    I am sure that if you approach the first dentist and let him know what you have found out from these other dentists he will be willing to refund you for the actual work he did that was inferior. He should still be able to keep the exam fee and any fee he charged for x-rays (if he took any). Most dentists will refund your money to avoid compromising their license to practise.

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