Negligence, Other Injury Dental Malpractice?

[Guest]

About 2 years ago I went to a dentist where I was told I needed a root canal and crown on my tooth. My insurance covered part of it but I still had to pay about $600. For about the past month my this same tooth had been hurting and bleeding on and off. Just last week a woke up in severe pain and had a mouth full of blood and a strange grit. I immediately went to a mirror and found what I thought was a crown was cracked. I called my dentist and they could not get me in until late in the day so I called another dentist that could get me in immediately. After the dentist examined me I was informed that there had never been a crown on this tooth but only a large filling. He showed me both xrays and digital pictures of this. I then had to go to an oral surgeon to have the tooth extracted. Can I go back on my original dentist for not performing the work he charged me for? Also can the original dentist be held liable for the cost of replacing that tooth?

 

[army judge]

You might want to discuss all if this, along with any proof you possess, with a local medical malpractice attorney or two.

You can't do this alone.

If you can do it at all.

I think you're within the SOL for such claims, but the window is closing.

http://www.bestlawyers.com/Downloads/Articles/55479.docx

A medical malpractice action for injury or death must be filed within one year from the date of the alleged act, omission, or neglect, or within one year from the date of discovery of the alleged act, omission, or neglect. La. Rev. Stat. Ann. § 9:5628 (West Supp. 1997). In no event may such claims be filed more than three years from the date of the alleged act, omission, or neglect. Id. In Whitnell v. Silverman, 686 So. 2d 23 (La. 1996), the Louisiana Supreme Court overruled a lower court holding that the three-year period was unconstitutional. However, it declined to consider whether the statute might be unconstitutional if applied to bar a lawsuit by a person with a disease with a latency period of more that three years, because plaintiff did not have such a disease and so lacked standing to raise the argument. -

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