Q: Can I sue my dentist for stopping a root canal midway, leading to severe pain, infection, and tooth extraction?
I went to my dentist for a root canal, but she stopped midway, citing discomfort with an unfamiliar assistant. She referred me to an endodontist, but the earliest appointment was weeks away, leaving my tooth exposed. I returned to the dentist after a few days due to pain, and she removed the nerve and closed the tooth but did not complete the root canal until my third appointment. Despite this, I experienced severe pain that wasn’t relieved by medication, developed intense jaw pain, and had a swollen lymph node. I sought urgent care for stronger antibiotics. A dentist in Thailand later found a root fracture, concluding that the tooth needed extraction. The delays and complications led to prolonged pain, unnecessary appointments, and an extraction that could have been avoided with proper care earlier.
A:
If your complaint is against a Texas dentist, you may either file a complaint with the Texas State Board of Dental Examiners or file a dental malpractice lawsuit in a Texas District Court or both. The primary issue in any dental malpractice case is whether the dentist deviated or breached the Standard of Care as prescribed by the rules set by the State Board of Dental Examiners.
If you proceed with filing a lawsuit in Texas, you must comply with the filing requirements set by the Texas Civil Practice and Remedies Code and rules of Civil Procedure. The rules set out the necessity for an "expert opinion" that addresses the Standard of Care, the dentist's violations of the Standard of Care, damages resulting from the dentist's negligence and the causation of the damages. Generally, there is a two (2) year Statute of Limitations for filing the lawsuit.
I would recommend that you consult with a Texas attorney who has knowledge and experience in the field of medical/dental malpractice cases. I hope this information helps you.
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