can i go back and have the oral surgeon pull the right tooth out

UPDATED: Oct 1, 2022

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can i go back and have the oral surgeon pull the right tooth out

the oral surgeon pulled out a good health tooth and left the infected tooth in my mouth. when i called after everything healed and i could talk i called them and told them that they pulled the wrong tooth. they asked if i could call back. it took six weeks of me calling every day and going there twice in person before i got an appointment and it was two month away. when i went there and took off from work they then decided to tell me that they no longer take my health insurance. when i asked them about what about my tooth that they left in there they just gave a blank stare

Asked on November 29, 2018 under Malpractice Law, Pennsylvania


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

Answered 4 years ago | Contributor

Medical/dental malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a medical/dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm). 
Prior to filing a lawsuit for negligence against the oral surgeon, it may be possible to settle the case with the oral surgeon's malpractice insurance carrier.  Obtain your bills, medical/dental report and documentation of wage loss.  Those items should be included in your claim filed with the malpractice insurance carrier.
Compensation for the dental/medical bills is straight reimbursement.  The dental/medical reports document your treatment and are used to determine compensation for pain and suffering which is an amount in addition to the dental/medical bill. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from that insurance carrier, reject them and file a lawsuit for negligence against the oral surgeon.
It would be advisable to go to a different oral surgeon to have the correct tooth extracted.  Include those bills and dental/medical reports in the claim filed with the first oral surgeon's malpractice insurance carrier.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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