Monday, August 1, 2011

Can I sue my dentist?

I wanted to know if anyone out there thinks I have a case for personal injury or medical malpractice? Back in 2004 I was working at a salon and had a pain in my lower back tooth. The salon owner suggested I go to her husband, who was a local dentist. I didn't have insurance at the time and she told me that he would give me a break just to have him look at it. So I went to him a few days later and was surprised when, after he examined me and took xrays, he handed me a printout of all the work I needed to have done, which totaled $11,500. I thought it was weird since only one of my teeth had been bothering me, but accroding to the dentist all 8 of my back teeth, which had large silver fillings on them, needed to all have root canals and crowns on them. I didn't get a 2nd opinion since I had no insurance(which was stupid) and throughout a period of 3 years, had all that work done. The dentist conviinced me that I had to have it all done and I opened up 2 dental credit cards to pay for it all. By mid 2006, after going to this dentist and the endodontist for the root canals, all the work was done! And I ended up paying close to $16,000. The problem was that suddenly now, alot of the teeth that had been worked on were sensitive and aching. The dentist said that this was normal, so I believed him. Then in January of 2007 my husband went to this dentist for a check-up and received another printout saying that he had 5 cavaties(he's never had even one cavity before). By this time we had dental insurance and decided to go with my old dentist because they covered us 100%, whereas the other dentist did not. So I made the appt. for my husband to go to my old dentist for 5 fillings. The problem is that when my husband went to the appt. with the new dentist, he said he could not find any cavaties, let alone 5 of them! Right away I called the old dentist and demanded all of my and my husbands xrays. For about 2 months he refused, until my husband went into the office and demanded them, in not so nice of a manner. We got them! Unfortunately, when we took them back to my old dentist he said that he couldn't really tell from mine if I needed ALL that work done, but I should've gotten a 2nd opinion before. My husbands did show however that he had no cavaties. So fast forward....just this year, Feb. 2010, I had to go to another endodontist because I have infections in 4 of my bottom back teeth. I had to have a root canal redone in July 2010, and the infection came back so now they might want me to get a dental implant in at least 2 of my back teeth, maybe more later! This endodontist even told me that my root canals weren't "ideal" because the old endodontist used these long metal post that go way down to almost my bone. He said no one does that anymore. He feels that these root canals might be the cause of all the infections I keep getting! I've had enough with all this dental work!!! My question is can I sue this awful dentist and maybe the old endodontist(who suddenly closed down his office 2 years ago) for all my pain and suffering? I cannot spend my whole life getting my teeth worked on! Before I had all this done, my teeth never even bothered me :(
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In regards to the statute of limitations issue, I'm not sure of when you discovered the injury, but (in Texas at least) there are exceptions to the statute of limitations in an injury case. One of those exceptions is if the plaintiff is not aware that an injury has occurred. Texas law says that you have 2 years from the date in which you became aware of the injury. My answer to you would be to visit with a local personal injury attorney (preferably one with malpractice experience) and use the free consultation to discuss your case. Personal injury attorneys work on contingency fees, meaning you won't have to pay anything unless you win your case. Since the attorney has no incentive to have you hire them if they do not believe that you have a case, you do not have to worry about the attorney promising the sky. After you explain your situation, an attorney will be able to determine if you have a realistic chance of a successful recovery.
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