Expert: Mark Bornfeld DDS - 8/9/2007

Question
I need a tooth filled. A dentist tells me that I need a root canal. I have no pain. I have been using a temporary filling for over a year with no problem. I do not need a root canal and even if a dentist says that I do WHY can I not find a dentist who will just fill my tooth? What has happened to this world anymore? I would sign a release if necessary. Is there some law that says dentists have to make an extra $1000 for a root canal. Is it all just a matter of greed on their part?

Answer
Dear Mr. Wood,

A dentist is legally obligated to follow a pattern of treatment that is appropriate to the diagnosis, and a patient does not have the legal authority to countermand that responsibility, even though the consequences of that treatment decision fall on the patient.

In your situation, I assume that your dentist has diagnosed disease in the pulp of your tooth. (You should know that pulpal disease often manifests with no symptoms.) Once it is determined that pulpal disease exists, the only appropriate courses of action would include either root canal therapy, apicoectomy (a minor surgical procedure), or extraction, since a failure to implement one of those treatments would leave you open to acute infection, with possible dire consequences. If bodily harm came to you as a result of a failure on the part of your dentist to perform appropriate treatment, he would be guilty of negligence, regardless of whether a release was signed by you.

Of course, that does not mean that some dentists don't act out of greed, but it is not possible to infer if greed is involved simply because you have incurred high dental fees. If you have reason to suspect that your dentist has something other than your best interests at heart, your most effective recourse is to seek an independent second opinion from another dentist.

Hope this helps...

Mark Bornfeld DDS
www.dentaltwins.com
Brooklyn, NY