Is it possible to pursue a lawsuit for dental malpractice that occurred over 30 years ago?

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Is it possible to pursue a lawsuit for dental malpractice that occurred over 30 years ago?

As a child about age 9 or 10, my father brought me to a dentist who claimed I needed braces. He took X-rays and showed my father that I had so many teeth coming in he wanted to avoid over crowding and he extracted 2 of my molars. Well turns out those were not my x-rays as I did not have any adult teeth coming in to replace the molars he had taken out. I inherited the absence of those molars from my mother. Anyway, I have spent thousands now on bridges and just had my first implant put in at the at of 41. I was constantly choking on food because I couldn’t grind it without my molars.

Asked on August 16, 2011 California

Answers:

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

Answered 10 years ago | Contributor

Sorry to hear about your dental problems.

Malpractice is based on negligence.  The applicable statute of limitations in a medical malpractice case will determine whether or not it is too late to file your lawsuit against the dentist.  Given the fact that the malpractice occurred over 30 years ago, it is probably too late to file your lawsuit; however, in a malpractice case, the statute of limitations does not start running until you have become aware of the condition.  Therefore, it would be advisable to discuss the applicable statute of limitations with a medical malpractice attorney.


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