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I had a bad experience with my dentist two weeks ago. Actually I visited him for a wisdom tooth extraction. But it was performed by his assistant. The procedure was very painful and I am still having the pain. I have visited him more than three times but all the time he gives me pain killers. I don’t know what the hell is happened to me. I think something wrong was happened in the tooth extraction procedure. Anyway, I am thinking about proceeding a medical malpractice case. Yesterday, I have talked with a personal injury lawyer from Sommers and Roth in Toronto and he told me that I can get compensation if the procedure was done improperly. Do anyone here have had experience like this before? Any thoughts?
You can always sue, but what will it cost you and what do you think you will be awarded even if you do win your case? Lawyers always win even if you don't!
Not sure what this has to do with dentistry, OP. You're asking a legal question - and in fact your lead-in involves a law firm in Canada, and most people who post here are either from or in the USA. You might want to check with the Canadian forum, you'll find more appropriate assistance there.
Or - as someone else suggested - get a second opinion about your actual medical concern, including a diagnosis and prognosis.
OP you can sue but beware you could also be countersued and that is expensive. Dr's have a license to practice and they do get a lot of leeway, plus they good insurance lawyers to fight you.
Most lawyer's generally want an upfront $5,000 just to open a case. Are you prepared for a costly long fight?
Now if you can get a second and 3rd opinion that would say you were wronged you might have a case for mal-practice, but as said above you'd have a costly fight.
Lawsuit? What are your damages? Also, what do you mean by the "assistant" did the surgery?
Exactly. Right now all you have is pain, which is not that unusual and pain killers are the usual choice to handle that. Assuming you heal up properly, you really have no damages, as pain is not unexpected.
On the other hand, I don't know what the laws are in Canada, but in the US, I believe only the licensed dentist can do the actual surgery and the assistant is there to well, assist. Who pulled the tooth out of your mouth? If you have a situation where someone performed a surgical procedure that they are not licensed to perform, then take that up with your dental licensing agency.
See how you heal and if you are concerned with the outcome, consult another licensed dentist. But do a little research first. See if you can find some reviews of the dentist or get a referral from someone you know who is happy with their dentist or contact the licensing bureau for a referral. You are nowhere near bringing a lawsuit against the dentist at this point.
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