dentist pulled wrong tooth, do I have case to sue

UPDATED: Oct 1, 2022

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dentist pulled wrong tooth, do I have case to sue

went to oral surgeon to have 5 teeth
pulled, he pulled 5 but 1 was wrong
tooth, a back moler. offered to pay bill
of 2000,00 and pull right tooth for

Asked on December 11, 2017 under Malpractice Law, Wisconsin


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

Answered 5 years ago | Contributor

Medical / dental malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
If you accept the oral surgeon's settlement offer, that will end the matter and you won't be able to file a lawsuit.  
If you reject the settlement offer, it may be possible to settle the case with the oral surgeon's malpractice insurance carrier without filing a lawsuit.
Your claim filed with the oral surgeon's malpractice insurance carrier should include your dental bill, dental report and if applicable, documentation of wage loss.
Compensation for the dental bills is straight reimbursement.  The dental report will document the wrong tooth being pulled and will be used to determine compensation for pain and suffering which is an amount in addition to the dental bill.  Compensation for wage loss is straight reimbursement.
If the case is settled with the dentist's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the oral surgeon's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the oral surgeon.
If the case is NOT settled, your lawsuit against the oral surgeon 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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