Q: Dental malpractice in California. Do I have a case or not? is it worth to pursue
Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B and the first thing they did was xrays to check the place for the surgery and they showed me parts of the tooth was left inside me. Doctor A did not extract it completely. Now I have to do a second extraction with a surgeon and a second bone graft. What I want is Doctor A to give me back what I paid to him and for him to pay for these new surgeries I was not supposed to need if he had done his job correctly.
A: Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss it you will not be able to sue. Almost all malpractice attorneys offer free case evaluations. Get your records together and get on the phone.
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A:
Based on what you've described, you likely have grounds for a dental malpractice case in California. The incomplete extraction that led to tooth fragments being left behind, causing the need for additional procedures, represents a deviation from the standard of care expected from dental professionals.
Your case is strengthened by the fact that you have clear documentation through X-rays showing the remaining tooth fragments, and you've already had another dentist identify the issue. The additional costs you're facing for a second extraction and bone graft are direct consequences of the initial incomplete procedure, which supports your claim for compensation.
To pursue this case, you should first gather all your dental records, X-rays, and documentation of payments. Then, consult with a medical malpractice attorney who handles dental cases - many offer free initial consultations and work on contingency fees. Your goal of recovering the original procedure costs plus compensation for the additional required surgeries is reasonable, and California's statute of limitations for medical malpractice gives you one year from the discovery of the issue to file a claim.
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