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Can i sue a dentist for burning the skin on my face right below my lip?
Anonymous3 views4 answers
I decided to go to this dentist, because my previous dentist changed all my fillings but now my teeth hurt when i eat. So when i go to this different dentist they tell me the fillings the previous dentisit did are not good, also that i need a root canel and cleaning in my teeth. So the female dentist begins by putting a needle on the right of my mouth and begans working in my mouth. After a little while i began to feel a burning sensation on my face right below my lip. The dentisit said it was an allergic reaction. But later on when i got home i noticed my face was burn and a layer of my skin was missing.
It is possible you have a medical malpractice case. If this happened recently, I would make sure that you have someone take very good photographs immediately to document the burn now and as it heals. I would also recommend that you be seen by another healthcare provider as soon as possible so the burn can be documented in a medical doctor's records. Be sure to tell the healthcare provider that the burn occurred after a dental procedure. If your skin heals without scarring, the damages may not be sufficient to justify a malpractice action. If you are left with a visible scar or require plastic surgery, there may be enough to justify moving forward with a malpractice action. I would recommend that you consult with a medical malpractice attorney in New York to provide further advice.
Kimberly W. Grant
[email protected]
404-995-3953
Ms. Grant's advice is good and your should consider following it. There shouldn't be any medication or chemical being used by a dentist that causes burns, although an allergic reaction can cause blotches or rashes or blisters. If you see a medical doctor, ask to confirm if what he sees is a result of an actual burn. Otherwise, as Ms. Grant notes, given the exprensive and time consuming nature of medical malpractice cases, this incident even if due to dental malpractice may not warrant pursuing a lawsuit. Note that the time period allowed by law for commencement of a denal malpractice action is 2.5 years, which starts to run as of the date of the complained of act (could be shorter if dealing with a dentist at a governmental facility)
In order to prevail at trial you would need another dentist to testify that the first dentis departed from the standard of care and that this departure caused you injury. Malpractice cases are VERY expensive to pursue and hard-fought. I suggest you speak to a medical malpractice attorney who handles dental cases (it is a sub-speciality) to see if you have a case worth pursuing. Unless your damages are very large, don't be surprised if a lawyer won't take your case.
The burning does not appear to be a recognized risk to the routine dental procedure. You describe a case but the question will be whether the injury has some significance.
. This sounds as if there was a departure from good and accepted dental care. The extent of damages are unknown as you will have to see if the burning results in some permanent scarring or cosmetic disfigurement. Without an injury of some significance or an element of permanent visible scarring although you describe a claim the issue will be are the damages sustained enough to justify the time and expense of a lawsuit. You have in New York 2.5 years from the date you were burned to start a lawsuit. I would wait to see whether you will have any permanent consequences. I would make a record of the burning by seeing a plastic surgeon or your general doctor who can describe the burning,and the extent of skin injury. Malpractice litigation is time consuming and expensive so an injury of some consequence is necessary.on a practical basis to justifing a lawsuit.
