If after having a root canal I ended up in the hospital with bacterial meningitis, should I take my dentist to court?

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If after having a root canal I ended up in the hospital with bacterial meningitis, should I take my dentist to court?

All the doctors in hospital said the meningitis came from my tooth.

Asked on January 23, 2012 under Personal Injury, South Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Prior to filing a lawsuit against the dentist, it may be possible to settle the case with the dentist's malpractice insurance carrier.  When you complete your medical treatment for meningitis and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your malpractice claim filed with the dentist's insurance carrier will include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence against the dentist prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  If you are dissatisfied with settlement offers from the dentist's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the dentist.


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