My dentist used some kind of cheap fillings, and now most of them are cracked or falling out, and I'll be needing a root canal, maybe two root canals, because the missing and cracked fillings are allowing cavities to develop. Can I file a lawsuit for medical malpractice against the dentist?




Answer: (1)
While dentists (or any medical professional for that matter) can certainly be held liable for medical malpractice, most often it's difficult to bring a suit against them becasue the damages are usually too small.
From a legal sense, it sounds like you may have a valid dental malpractice claim, however, you have to consider the value of your injuries. If you require two root canals, and new fillings, your total medical expense may be around $10,000 or less. You can certainly file a suit demanding recovery of your expenses, but it's unlikely that the suit itself would cost less than that to prosecute.
It's a question of the mathematics of a medical malpractice lawsuit. If the value of the settlement is less than that cost of pursuing it, it will be hard to get a lawyer to take your case. Now, there could be other damages for which you could seek additional compensation, so it's always a good idea to talk to a lawyer and explain all the deatils of your case.
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Posted by Staff Writer on 21 Jan 2010