How can you get a case for malpractice?

by **emmanuil54** » Wed Oct 26, 2011 5:24 am

Well, my mom went to her dentist and they removed a tooth and they told her it would be alright. That same day after the swelling went down she had a huge gap on her gum. She told them something but they claimed that she might have signed some papers already but I don't believe it, they just want to intimidate her. Besides my mom is not a legal resident but she is in the process of being a resident. She paid $400 for this tooth to be removed but she thought that they would take care of everything. Now she doesn't know what to do. So who would she go to? Does she need a lawyer or does she just need to take them to civil court? Please help.

by **dacy17** » Wed Oct 26, 2011 5:25 am

There have to be several things:

1. A duty of care
2. a breach of that duty
3. injury or harm to the person
4. A direct relationship between the breach of duty, and the harm.

So. What's the harm? She had a tooth pulled, there WILL be a gap in her gum. The money part is irrelevant.

Was she expecting them to put something in there? Any communication issue, isn't malpractice. But I can tell you, you can't put something in right away, after an extraction - you have to let it heal first.

So. What to do ABOUT WHAT? That she wants more dental work? That they did what she paid them to do?

You don't indicate that ANY of the things are present, for a malpractice case. BUT, if you want to sue, you hire a lawyer. If you can't get one to take the case on contingency, that means you don't have a case.

by **tupac** » Wed Oct 26, 2011 5:39 am

Your statement makes no sense. What is the alleged wrongdoing by the dentist? Sounds like she had a communication probelm with the dentist; $400 for an extraction is CHEAP.

by **chason62** » Wed Oct 26, 2011 5:52 am

Your statement makes no sense. What is the alleged wrongdoing by the dentist? Sounds like she had a communication probelm with the dentist; $400 for an extraction is CHEAP.

There is always a gap for awhile after a tooth is removed. It takes a few months for the gum to fully grow into the space previously occupied by the tooth. This is normal, not malpractice.

If, on the other hand, there was no gap, that could mean that the doctor put something there which did not belong there, which would be malpractice.

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