Dental procedure error and payment

UPDATED: Sep 30, 2022

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Dental procedure error and payment

I have no health insurance so everything I get done
medically is out of pocket and extremely expensive. I
recently had a root canal done on one of my molars and
the dentist caused the tooth to Crack and it now will
most likely need to be pulled regardless of the fact
that they just charged me 2k to do the canal. Im not
trying to get any sort of pain and suffering
compensation or anything of the like. I just feel as
though I should not be obligated to pay for a procedure
that left my tooth worse off than it started out. Is
there any hope of me being reimbursed for the botched
procedure or at least have them cover the nessisary
procedures to rectify the problem they causedon’t such
as the extraction and bridge that will surely be needed?

Asked on January 20, 2017 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you can show that the tooth was cracked due to the negligence, or unreasonable carelessness, of the dentist, you can recover your resulting medical costs (e.g. the cost to pull it; possibly for an implant to replace it). However, you would need to hire a dental expert to write a report and, if necessary, testify at trial; the expert would be required to show how the dental treatment you received was careless or improper, since you, as a layperson cannot testify about what is or is not proper medical care. The cost of such an expert (and of a lawyer, if you retained one) could exceed what you hope to recover from the lawsuit, so while you appear to legally have a claim, it may not be a cost effective one to pursue.

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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