Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 10/23/2006

Question
About a year ago, a dentist in Connecticut performed root canal therapy and installed a crown for molar tooth, and mounted a bridge on upper front teeth. The procedures themselves were extremely painful (significantly more so than similar dentals treatments I had before), and accompanied by the dentist's insulting remarks every time I complained.

A few days later, I realized that one of the abutment teeth's nerve was damaged and requires a root canal. At that time, I also performed an Internet search on the dentist, to discover that he was only recently (about a month ago) released from jail! To me, that partially explained the dentist's attitude and clumsy performance. Thus, when the dentist offered to do the root canal I refused, unwilling to pay for the dentist's own mishap and even less willing to get anywhere near his drill.

A few months later, the tooth under the crown (which was my only lower-left molar, due to unusual teeth configuration) started to hurt. It became obvious that the root canal failed, and I had to have the tooth removed. Since then and until an implant is installed, I am forced to chew on one side, with consequences such as TMJ and shifting lower-jaw teeth.

I have a number of questions in regard to this situation:

1) Is it viable to sue the dentist for the cost of root canal procedure of the abutment tooth?
2) Is it viable to sue the dentist for the cost of the root canal and crown on the tooth which was lost due to his performance, or for the cost of restoration (implant)?
3) If the dentist might be liable, should I hire a lawyer on contingency basis (assuming there is a willing one) or seek a legal consultation for a Small Claims?

Thankful in advance,
Max

Answer
Max,

I am sorry to hear about the treatment you received.  You are asking some interesting questions.

A great number of malpractice attorneys are unwilling to take dental malpractice cases because of the costs to litigate versus the total damages.  It costs an average of $30,000+ to completely litigate a dental malpractice case.  If the damages amount to less than $250,000, most attorneys will not take the case.  However, there are some young aggressive attorneys who do handle these types of cases.  If you could find a subsequent treating dentist to put in writing that the first dentist fell below the standard of care, it would be much easier to find an attorney and litigate the case.

You would still need an expert in Small Claims Court so that is really not an option.

Another option is to request your previous dentist pay for the root canal of the abutment tooth and for the cost of the restoration.  This is a viable option instead of his malpractice insurance increasing from a claim being made.

I hope this is helpful information and I wish you a speedy and you have a less painful recovery.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.