Can I sue a dentist for malpractice? Is there a time limit to do so?

by **teyo** » Sat Apr 02, 2011 4:38 am

On 7/14/09 I had a root canal done in Indiana. I have Military dental insurance and could only find one dentist to do it that my insurance took in the area that had an opening and I was in pain !!!
I have an issue with taking shots. They don't last long enough at all and I end up throwing up. I had a root canal a few yrs earlier at the dental school (the wait was forever this time and I had insurance) and they told me to tell future dentist I need at least gas.
The Dr in Indiana did give me some gas. I kept telling him I was in pain and could fill it. The 1st visit wasn't as bad but the second OMG ! It hurt so bad and He acted like he didn't believe me and didn't want to give me gas this time ! I nearly jumped out of that seat and he was like if you do that again I will have to discontinue this. Not sure if it's because it made me accidentlly bite his finger a lil bit or he was worried about me? He said I shouldn't have a root to hurt ! I said either give me gas or I will have no choice but to leave. He reluctently agreed !
So the gas has me a little high and I can still feel this crap and he must have thought I was too high to understand but he tells me I'm being a baby and any other dr wouldn't have finished and there's no way it could hurt ! Well as soon as he takes the gas off he is acting all cheerful so I thought maybe the gas made me imagine it?
I have never had that tooth capped because I have had some feeling in it. I recently had some issues with a tumor on the roof of my mouth and went to an oral surgeon here in TX where I live now. Today when he calls me he told me that the tooth that that other dentist half did is bad ! He said it looks pretty bad and I still have a nerve in there and it may be able to be redone and saved but may have to be pulled. I told him about the dentist and saying I shouldn't have pain, treating me bad, and having to beg for the gas. He said you still have stuff in your tooth so that's crazy !
I called my dental insurance and they want me to make a written complaint and said maybe I should at least talk to JAG (military lawyer) to ask for advice and that the next dentist can resubit a claim.
Is there anything I can or should do in this situation?

by **gillivray5** » Sat Apr 02, 2011 4:46 am

Medical Malpractice is very hard to prove and you have to make sure to have all of your facts and paperwork in order to have a chance. I would, at least, go meet with a medical malpractice attorney if you feel that strongly about it. All of them should offer you a free consultation.

by **norwyn** » Sat Apr 02, 2011 4:54 am

Medical Malpractice is very hard to prove and you have to make sure to have all of your facts and paperwork in order to have a chance. I would, at least, go meet with a medical malpractice attorney if you feel that strongly about it. All of them should offer you a free consultation.

The statute of limitations for medical malpractice claims in Indiana is two years.

by **merla15** » Sat Apr 02, 2011 5:00 am

See a psychiatrist?

by **hardin** » Sat Apr 02, 2011 5:03 am

He was under no obligation to give you gas most procedures are done without it and it was up to you to make sure this was gong to be done before he started the procedure. Root canals are not usually completed in 1 visit and you never went back for follow up. There is very little you can do as you are at least as much at fault for what happened as the dentist.

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