Medical Malpractice Dental

[RootCanal2012]

I had a root canal 4 years ago and found out 3 weeks ago it was abcessed and has been off and on for the last 4 years. Now I am going to loose this tooth and it has affected another which has to have a root canal. Does this fall under the Discovery Rule?

 

[Michael Wechsler]

I had a root canal 4 years ago and found out 3 weeks ago it was abcessed and has been off and on for the last 4 years. Now I am going to loose this tooth and it has affected another which has to have a root canal. Does this fall under the Discovery Rule?

I would certainly think that this is likely. The defendant dentist will certain argue to the contrary but it seems that there was no case until you became aware of the negligence that has resulted in your damages and personal injury. That said, you'll have to prove your case. If you didn't do anything about the on-and-off abcess for years, the dentist may claim that you contributed to the problem (contributory negligence) and that he or she should not be liable. The claim is that they could have done something if you had reported the complication in a timely fashion. You'll also need to show that there was negligence in the performance of the work by the dentist. Not such an easy case to make. You certainly should retain a malpractice attorney who specializes in dental lawsuits.