Extraction of second molar ... please help!

[imailin]

What is the name of your state (only U.S. law)? Florida

First off, thanks you to take your time reading.
My boyfriend went last year to a dentist to have his mouth examined. The dentist gave him a estimate of charges on same tooth that he need it to fix. On May he had a root canal done on this first upper left molar. He was on pain for over a month going back and forth... they fix the root canal about 3 times (we kept all records) by October 2008 my boyfriend was in excruciated pain and he return once more to get the root canal check again. The dentist told him that the pressure the second molar was making on the first was the cause of pain, so she extracted the second upper left molar. but, guess what? the pain continue until today. So not only he lived 10 months with pain but he also loose a molar. He went to another dentist yesterday fed up with the pain and they "shaved the crown on the first molar" and gave him same antibiotics because he already had an infections. now, what can be done? can he sue the other dentist fir malpractice, pain and suffering? can he sue for the extraction of the molar which is never going to have again?
please help! thanks!!

 

[barry1817]

dental malpractice

What is the name of your state (only U.S. law)? Florida

First off, thanks you to take your time reading.
My boyfriend went last year to a dentist to have his mouth examined. The dentist gave him a estimate of charges on same tooth that he need it to fix. On May he had a root canal done on this first upper left molar. He was on pain for over a month going back and forth... they fix the root canal about 3 times (we kept all records) by October 2008 my boyfriend was in excruciated pain and he return once more to get the root canal check again.

Sometimes root canals are not successful. My question would be that if the root canal had to be redone, then I am surprised that he wasn't referred to a specialist. When a general dentist treats a tooth in a specialty field, he must use the same care and expertise as the specialist or it can be considered below the standard of care and malpractice.


The dentist told him that the pressure the second molar was making on the first was the cause of pain, so she extracted the second upper left molar. but, guess what? the pain continue until today.

This doesn't seem a very good diagnosis for an extraction, and one would want to read what exactly the diagnosis was, and what the x-rays showed, and why after treating 3 times this is the course of treatment.


So not only he lived 10 months with pain but he also loose a molar. He went to another dentist yesterday fed up with the pain and they "shaved the crown on the first molar" and gave him same antibiotics because he already had an infections. now, what can be done? can he sue the other dentist fir malpractice, pain and suffering? can he sue for the extraction of the molar which is never going to have again?
please help! thanks!!

To have a malpractice case there has to be negligence, that the negligence caused harm and that there is a financial component to the harm done.

Not treating to the standard of care, if shown by a review or your records would be a start, as would the failure to refer if the treatment couldn't be done successfully. That would make the negligence the reason for harm, and their is a financial component to correct what was done, if the review shows that a fault existed.

You might need to speak with an attorney so that records can be obtained and reviewed to determine the exact extent of this problem.