Do I have a case?

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Do I have a case?

I went to the dentist to get a root canal and a crown done. However, while the dentist was filing my tooth he broke 2 files and that are still stuck in my tooth. He then gave me a referral to get surgery done but will not pay for it; he wants me to pay.

Asked on December 9, 2016 under Malpractice Law, Nevada

Answers:

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

Answered 5 years ago | Contributor

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).  You have a case for dental malpractice.
Prior to filing a lawsuit for negligence against the dentist, it may be possible to settle the case with the dentist's malpractice insurance carrier.
Your claim filed with the dentist's malpractice insurance carrier should include your dental bills, surgery bill, dental records, medical/dental reports from the surgeon, and if applicable, documentation of wage loss.
Compensation for the dental bills / surgery bill is straight reimbursement.  The dental records and medical/dental reports will document the nature and extent of your condition, and will be used to determine compensation for pain and suffering, which is an amount in addition to the dental bills.  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 dentist's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dentist.
If the case is NOT settled, your lawsuit for negligence  against the dentist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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