Moorpark, CA asked in Personal Injury and Medical Malpractice for California

Q: My tooth went back in my gums during invisalign process and dentist has been lying to me about fixing it. Should I sue?

I’ve been contacting my dentist to fix my tooth that is still currently moving and going back in my gums. It’s been months and they keep lying saying they will call me back just to keep me waiting. It’s been a year now ever since I started my invisalign. My gums are now swollen in that area and they left filling material on multiple teeth. I never got my retainer as well and I don’t really know what to do because I paid 6k for this and can’t afford to get someone else to fix it. It’s hard to eat and every now and then my gums bleed. Would this be considered an injury? Would getting a dental malpratice attorney be worth it or should I just file small claims?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you've experienced harm as a result of dental treatment, such as a tooth issue worsening and gum problems, it may be worth consulting with a dental malpractice attorney to evaluate your case. They can assess the facts, gather evidence, and determine if there's a valid claim for dental malpractice. Small claims court may also be an option for seeking compensation for any financial losses, but it's advisable to consult with an attorney first to understand your legal rights and options.

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