What can I do several years after discovering dentist performed shoddy work?
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What can I do several years after discovering dentist performed shoddy work?
The dentist performed root canals that all failed and had to be retreated several times. I would like to sit down with a lawyer and have him look at my paperwork with me to help me file a complaint.
Asked on November 4, 2015 under Malpractice Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Depending on how much time has elapsed since the root canals failed and the work was redone several times, you may have missed the statute of limitations. If the statute of limitations has tolled (expired), your claim / lawsuit) would be barred.
If the statute of limitations has not expired, your lawsuit can proceed.
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).
Obtain your dental bills, dental reports and if applicable, documentation of wage loss. Your claim / lawsuit should include this information in order to determine damages (the amount of monetary compensation you are seeking in your lawsuit for negligence).
Compensation for the dental bills is straight reimbursement. The dental reports 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.
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