Visitor Question

Botched Dental Filling and Misdiagnosis…

Submitted By: Anonymous (USA)

My dentist insisted on replacing a filling in a tooth that was asymptomatic. The tooth began to hurt soon after the procedure. I went back to the dentist who took an X-ray and said the procedure was not carried out properly.

The dentist apologized and redid the filling, drilling an even bigger hole in the tooth to accommodate the filling. The tooth hurt even more after the second procedure. Months later, an endodontist confirmed the tooth was dying and needed a root canal.

Is this a case of dental malpractice on the part of the first dentist?

I suffered a lot of pain and suffering that I think could have been avoided if he’d diagnosed me properly in the beginning so I could have gotten the correct treatment. Instead he did multiple unnecessary procedures causing even more pain.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

To have the basis of a dental malpractice case you will need evidence the dentist’s actions were the “sole and proximate” cause of the death of your tooth. If the tooth was already dying and the dentist’s failure to carry out the first treatment didn’t exacerbate or expedite the death, you wouldn’t have the basis for a lawsuit.

The facts you present omit why the dentist decided to fill a tooth if there were no symptoms of decay, or other need for the tooth to be filled. Surely there must have been a reason for his decision to fill the tooth. Even if the tooth at the time was asymptomatic, there may have been some part of your tooth which required treatment. Knowing the reason is very important.

Medical and dental malpractice cases should only be pursued by attorneys. Representing yourself would be very ill-advised. Most personal injury attorneys do not charge for an initial office consultation. Seek out their advice. They will be able to evaluate the facts more closely.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 29, 2012

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