Q: Wanting to know if I have a valid case to pursue for reimbursement against my former dentist for failure to diagnosis?
Failed to diagnosis a simple cavity which resulted in delayed treatment and an expensive root canal and crown. He failed to detect the cavity on initial bit wing x rays as well as two different 6 month comprehensive oral dental exams performed by him. A review of this case by 2 different independent MDA peer review dental committees determined that the cavity was detectable on my bit wing x-ray and that this dentist failed to diagnosis (detect) it. My claim for reimbursement was submitted by this dentist to his professional liability insurance provider in November 2021. Numerous e-mail correspondence with his liability insurance claims specialist indicates that they reviewed my case and have been waiting over 2 months for this dentist to response back to them regarding his decision to compensate me or not regarding my claim. I believe the dentist is delaying regarding his decision in hopes that I will not pursue my claim further and that he will not have to compensate me.
A: Possible, but most importantly, you're describing a situation that you should probably hire an attorney to assist you with. There might be certain rules regarding formal notice as well as statute of limitations to be cognizant of.
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