3 years ago I had a small chip on a front tooth repaired at a dentist office, they ground off a portion of the tooth while fitting the cap. Less than 3 months later, the cap they put on the tooth fell off and I had to go back in for another repair. This time the dentist ground off a huge portion of the tooth and put on another cap. Less than a year later, the cap fell off again and now instead of a small chip, half my tooth has been ground away and causing pain and it looks bad. I called the dentist and they refuse to fix the tooth again unless I pay again.
Oregon does indeed have a two-year statute of limitations on medical malpractice cases, but that clock doesn't start running until the extent of the injury is discovered. It sounds like you didn't really discover this injury until right about... two years ago. (Three years ago + three months - less than a year later...) You should consult with an attorney who practices medical malpractice cases immediately, to make sure you're not too late. These attorneys typically work on a contingent fee basis, so you won't have to pay too much up front for a meritorious case. (You may still have to pay some initial costs for filing fees, discovery and so on.)
You need to contact a local malpractice attorney because it is my understanding that Oregon’s statute of limitations for malpractice is 2 years from the date of your injury. Since it appears from your question that the negligence could have occurred over 2 years ago, you may have waited too long to pursue a claim. Call for verification.
Good luck.
Dental negligence cases are almost impossible to pursue. Because they are just working on teeth, it is not very often that a dentist can do "enough" damage to economically justify the cost of bringing a lawsuit. These cases cost tens of thousands of dollars to pursue. Medical records must be obtained, dental experts hired, depositions taken, court reporters paid, maybe videographers too, travel costs, filing fees, etc. A law firm usually spends $anywhere from $15K to $50K on a dental malpractice case. Plus you must consider legal fees on top of the raw costs. A case needs to have a projected settlement value of $100K or so just to justify the process and so that the client may actually get something after fees and costs.
Your case may have a legitimate settlement value of about $5K. You'd spend more than that on litigating the claim. And you may also have trouble overcoming the Oregon statute of limitations.
I agree with my colleagues. Due to the statute of limitations in Oregon, you may have waited too long to file a claim. Also, the cost to file the lawsuit may be more than the potential amount recovered. I I hope that you found my answer helpful.
