What can I do if my dentist of 6 years failed to see a tumor in my right jaw?
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What can I do if my dentist of 6 years failed to see a tumor in my right jaw?
I broke a tooth last month and went in to get it checked out. Since my regular dentist was away, I ended up seeing another dentist in the office. Upon review of my X-ray he saw the tumor within 30 seconds. After reviewing all past X-rays he noticed it had been there the entire time. I saw a specialist, who then sent me to another specialist and am now I am scheduled for surgery next month a biopsy will be done to find out if it is cancerous. I was told I am lucky that I was never punched or fell because my jaw would have completely shattered. Can I sue for his oversight all these years?
Asked on June 17, 2015 under Malpractice Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In order to bring a claim for �medical malpractice it must be shown that: (1) due to a doctor's negligence (2)�their patient�suffered harm as a result. In this case, there is no question that you suffered physical harm from apparent gross negligence on your dentist's part.
In such cases, if a doctor fails to make an accurate diagnosis of a serious health condition, the issue as regards to negligence is whether the doctor breached the applicable "medical standard of care" under the circumstances. Basically in your case this means, would a dentist with similar training in the same medical community have identified the problem? And the answer here is an overwhelming "yes".
At this point, since you have such a seemingly strong case, you should consult with a�medical malprctice attoreny ASAP.
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