Visitor Question

Unnecessary root canal and improper crown causing cheek biting…

Submitted By: Johnnie (Los Angeles, CA)

In my annual dental check-up, I’ve been told by my dentist that I have a cavity in my n-18 tooth. It shows in the x-rays that there is sufficient gap between the cavity and the root; the dentist told me that it will be a fill, or worst case scenario a partial crown.

After drilling my tooth, he accidentally opened up my nerve canal, which then required a root canal. I took the root canal and paid for it myself; however, I’ve been told by the endodontist that I have an ingrown wisdom tooth that needs to be removed before the crown being implemented.

I went back to the first dentist to complete the procedure. He had been told by the endodontist about the ingrown wisdom tooth; however, he went ahead and drilled my tooth to implement a crown anyway. After placing the crown, it seems that it is tilted and causing me to bite my cheek all the time.

Also, I’ve been told by another dentist that the crown has been placed improperly and has over contour. I believe the root canal was unnecessary and happened by a mistake; also, I believe that the crown has been implemented improperly. Is this malpractice? What can I do about this? Thank you.

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.


Dear Johnnie,

You may have the basis of a dental malpractice claim. Medical (dental) malpractice is defined as an act or omission by a dentist which falls beneath the dental standard of care of other dentists in the local community. And, as a result of those acts or omissions, a patient was injured.

If it’s possible other dentists might have acted in the same manner as your initial dentist, than malpractice likely did not occur. If, in the alternative, most of the dentists in the community would not have acted in the same manner as your initial dentists, than malpractice likely did occur.

Gather copies of your dental records and seek the counsel of several personal injury attorneys in your area. Look for attorneys with experience in medical (dental) malpractice claims.

Most of the attorneys will not charge for an initial office consultation. Moreover, the attorneys will not charge any legal fees until and unless they’re successful in either settling, or winning your claim in court.

Learn more here: Filing a Dental Malpractice Lawsuit

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 888-972-0892.

We wish you the best with your claim,


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