Dental Malpractice??

Updated on October 20, 2010
D.M. asks from Houston, TX
8 answers

My husband has a front tooth that had to be replaced last year. He had a temporary put in which the dentist told him at the time should last at least 2-3 yrs until we could afford the $3K for the implant, but it broke off less than 6 mos later b/c the dentist hadn't removed all the decay first. Well, since hubby's insurance will only pay for a single tooth once in a 5yr period, we had to pay $1,200 out of pocket for it to be redone. Here we go again... the same tooth is still rotting & it's really gross!! We can't afford to have it replaced again, and I feel we shouldn't have to. If it had been done correctly in the first place, we wouldn't have had to pay for it the last time. He's saying he'll just get it pulled & be done with it, but he doesn't want to go around missing a front tooth (it's literally the left front).

Anyone ever had to deal with something like this? Do we have any recourse? If so, where do we even start??

EDIT* Thanks to all who have responded already. To clarify, I think it was a cap put over his existing tooth. When my husband had gone to the original dentist to have it fixed, this was the option she gave him. She retired soon after the original was done & the other dentist who took over her practice did the 2nd one (less than 6 mos after the first). Now this one is having issues too less than 6 mos after it was put in. When he had the 2nd one done, he clarified this should last at least a couple of years until we can afford a bridge or implant (according to this dentist, it would cost the same to either implant one tooth or pull 4 to then build a bridge).

He did try talking to the dentist who did the 2nd one, but he said it's not his fault & he won't replace it.

It's just so gross & frustrating... I feel so bad cause I can hardly listen to him talk b/c I can smell this rotting tooth (yay for super pregnancy nose).

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L.D.

answers from Las Vegas on

I am assuming that you have already talked to the original dentist and asked if he would be willing to replace the temporary tooth at no additional cost and he said, "No." If not, then I think you should at least try to resolve the situation this way first. If he won't agree to the free redo, you may want to talk to an attorney about a possible dental malpractice action. Whether or not you have a case depends on a number of things and only an attorney can tell you for sure if this is worth pursuing. You probably can find an attorney in your area that will give you a free consultation so it won't cost you anything just to go in and have a talk.

I hope that you can get this all resolved very soon.

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J.K.

answers from Phoenix on

What does the dentist say? Mine fixes fillings for free if I lose it within months etc.

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B.C.

answers from Dallas on

The dentist should fix the problem. I had a root canal done that ended up infected afterward. Every issue that I've had with it, the dentist fixed for free since it had already been paid for. I do have one tooth (crown) that needs to be replaced after only 2 years (and insurance won't pay) from our old dentist. I'll be having to call them to see if they'll replace it, but if not, I'll be searching this post again to see what to do about it!

K.M.

answers from Chicago on

was it a temporary (last a few weeks) or a bonding that MIGHT if you are good to it last a few years, the only reason my bondings stayed in place for as long as they did 5 yrs was b/c the last 2 years I had braces holding them on, once they came off my two front teeth (bike accident as a kid) bondings did too! Then I had the venieers put on and I need them re done at this poiont. I agree that there is not enough information and you might want to seek a lawyer for a consultation to see what your options are.

C.

answers from Hartford on

The temporary broke after 6 months, but now it is a year later? Did you go back to the dentist at that point? I am surprised he said a temporary would last for 2-3 years, generally 6 months is the limit. Anyway, as others have said, try to work it out with the dentist first. I had a root canal on the wrong tooth. I called the dentist the very next day saying I think that there is a problem because I am still in pain. He told me to wait and then he said it is not uncommon to have several teeth together that may need a root canal. The thing is, I know he never checked the tooth that caused pain and when he started he remarked that he could not see a problem, but it must be a very small fissure. When my regular dentist removed the cavity from the painful tooth, there was a huge visible crack. I talked to a lawyer friend, but it comes down to professional opinion and the legal costs and aggrevation might not be worth any settlement.
I think you need to go to your insurance company because a temporary to be replaced with a permanent crown is standard practice. This should not be considered two teeth in a 5 year period because they are part of the same procedure.
Also, you should not just pull the tooth. You need to have something put in or you will have significant bone loss in your jaw over time. Good luck.
C.

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M.P.

answers from Portland on

There is not enough info here to answer the question. I think you're asking for a legal opinion. I also don't know what a temporary tooth is.

I've had temporary caps and they were just that temporary and not intended to last longer than a few weeks or months perhaps. I just don't understand what you're describing. When one puts on a cap the tooth is ground down and a root canal is done. The cap can come off but doesn't break off. A temporary tooth? I don't know what that is.

My mother had to have a couple of teeth in the front pulled many years ago, long before implants. The dentist put in a bridge, which is artificial teeth attached to the healthy teeth on either side of the space from which the teeth were pulled. Doing this would be much less expensive than having an implant but yet would preserve the space so that an implant could be done later as well as be cosmetically appealing.

I can think of at least one reason other than an incorrect dental procedure why a bridge or a cap on the front tooth would fail. We are used to biting into foods, such as fruit or cookies. Doing so may break off a bridged tooth or remove a temporary cap.

I just don't know what it is that your husband has. A temporary tooth which would be a bridge, but yet the decayed one is still there? A cap that's failed twice because the decayed tooth is still there? I don't understand.

I had a decayed molar that the specialist was preparing for a crown when he discovered that the part of the tooth below the gum line was cracked. He advised pulling the tooth which I had done by a regular dentist. He said that a crown would not work well. If this is what you're talking about, did your husband have a choice and chose to have a cap instead of pulling the tooth? IF so then it's not malpractice because your husband was given a choice in hopes that it would work but in the end did not.

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N.H.

answers from Austin on

I would say that if you really are looking into medical malpractice, consult an atty that specializes in this type of suit. If you go ahead w/that, take photos, be sure to get a copy of your dental records, and yes, you should be able to do that, before you have the tooth fixed by a different dentist and consult the atty. Hope this helps & good luck!

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L.B.

answers from Corpus Christi on

See if it is possible to see a dental student in your area, there is no fee and they have a instructor over their shoulder the hole time. You can also do this for regular check-ups when you have your teeth cleaned.. Same goes for your hair.

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