“I think something is wrong with Jacob,” a concerned mother
bemoaned to her husband. “I agree,” he replied, “but
part of me thinks it’s just behavior of a normal teen – remember
how awkward we were at his age?”
After several more days Tina could not stay quiet and she confronted her
son Jacob about the changes in his demeanor. Jacob explained that a tooth
had been bothering him since his last dental visit two months ago. The
dentist filled a cavity the young man had and the boy did not tell his
parents that the tooth was still hurting. Jacob felt the pain would go
away in time; but the pain was starting to wear him down. He no longer
wanted to eat, nor did he want to talk too much.
Jacob’s parents brought him back to the dentist. Upon reexamination,
the dentist discovered that the nerves in Jacob’s filled tooth were
damaged. A root canal would be needed to repair the damage. Alarmed that
her son would need such a procedure, Tina demanded to know what happened.
The dentist reticently admitted that he drilled Jacob’s tooth poorly
two months back; he drilled too deep and damaged the nerves in Jacob’s
tooth. The dentist apologized, performed two more procedures on Jacob,
and the tooth was repaired. After several months, Jacob was finally pain free.
This fictional story is a good example of dental malpractice. The dentist
made a mistake while treating a patient. The mistake should not have been
made and other competent dentists in the area would not have made such
a mistake. The patient was injured by the mistake and damages were suffered.
If this sounds like negligence to some readers, they are correct. Medical
malpractice is negligence under a different name. In the medical setting,
if someone does something (or fails to do something) that should not have
been done and the patient is harmed, we call it medical malpractice instead
Experienced Kingston, New York dental malpractice attorneys know that victims of dental malpractice deserve compensation for their
damages; lost wages, medical costs, lost bodily functioning, and pain
and suffering. While the story above is fictional, the scenario is all
too real for many people and the pain, suffering, anxiety, and stress
associated with having to undergo root canal surgery is overwhelming.
Failing to properly perform a dental procedure is only one of many ways
in which dentists commit negligence. Other acts of dental malpractice include:
- Prescribing the wrong medication and or dosage
- Administering anesthesia wrongly
- Failures to diagnose a patient with oral diseases
- Misdiagnosing a patient
- Damaging oral nerves during tooth extraction and or when inserting implants
- Improperly applying veneers, bridges, and or crowns
- Negligently causing infections
- Causing injury to the patient’s jaw
- Misuse of dental tools
- Performing procedures that were not necessary and or beneficial to the patient
- Failing to received informed consent from the patient
- Using dirty, unsterile equipment
- Wrong site surgery and or wrong tooth extraction
Experienced Kingston medical malpractice attorneys cannot stress enough
that dental malpractice victim have rights. Victims certainly deserve
compensation when those rights are violated. Dental patients do not have
forever to assert those rights.
The patient has two and a half years to sue the negligent doctor. The clock
starts to tick on the date when the dentist’s continual treatment
of the patient stops. More specifically, the date when treatment related
to the negligent act stops is when the statute of limitations begins to run.
Using Jacob’s example above, the time clock does not start when the
dentist damaged Jacob’s nerves. Instead, the clock starts ticking
when the dentist finished the last procedure to repair the tooth; within
thirty months from that date is when a suit would have to commence. Note,
however, that since Jacob is a minor, the statute of limitations can be
extended. Talk to an experienced attorney to more fully understand statute
of limitations issues.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices.
Read what our clients are saying about us and take a look at just some of our
successful results. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to
contact us by calling 845-340-HURT (4878), or by using the
convenient contact form.