HOW TO SUE A DENTIST FOR A BAD ROOT CANAL

Dentists perform thousands of root canal procedures each year. Most procedures have no issues. However, if you experience a bad root canal, you can sue the dentist if the dentist fails to treat the problem in a timely manner. Bad root canals and a failure to diagnose the bad root canal is an example of dental malpractice

ROOT CANAL OVERVIEW

The “root” of the tooth, is approximately 2/3 the size of the tooth and rests below the gum. When the pulp inside of root  becomes infected with bacteria, the treatment to save the tooth is a known as a root canal.

First, the dentist takes an X-Ray. The X-Ray reveals the exact location of the damage and nerve pulp.  The root canal procedure involves removing the dead or dying material, then ‘filling in’ the root canals inside the teeth.  The dentist then fits a crown over the patient’s tooth to strengthen it and protect it from future infections. A final x-ray checks that the canals have been filled completely and to the correct length, not underfilled or overfilled. After a root canal, discomfort should disappear in a few days.  If you are still experiencing pain after more than a couple weeks, you have experienced a root canal complication.

SIGNS & SYMPROMS OF A BAD ROOT CANAL THAT IS DENTAL MALPRACTICE

You should not experience pain after a couple of weeks following surgery. If the tooth still is sensitive or still inflamed, you may have an issue. You may also see swelling or discoloration.  Sometimes, the tooth has a sensitivity to hot or cold. Finally, poor work can result in  numbness or an electric shock sensation that may be a sign you have experienced nerve damage.

WHY ROOT CANALS FAIL

The most common root canal dental malpractice involves overfilling or over-instrumentation of the tooth. Overfills are diagnosed with a CBCT (dental cone beam computed topography), a three dimensional x-ray. Lawyers use this 3D X-Ray as a perfect visual for a demonstrative exhibit at trial or mediation. The standard of care for treating an overfill (which may include an extraction) is to treat the overfill within 48 hours.[1]  

Overfills are a known risk and often a patient signs an informed consent. The negligence occurs by not treating the overfill or over-instrumentation since the dentist should be aware through a post-operative X-ray that the overfill has occurred. Many times the overfill is recognized almost immediately by the dentist without an x ray and the dentist should consider beginning either a flushing sequence and/or an extraction.

Other times root canals fail because of a lack of sanitation or because the infection re-established itself or wasn’t fully removed. If the infection isn’t fully removed or is still present, a dentist should detect this quickly following the root canal. Dentists are required to conduct a post-operative X-Ray which should reveal whether the infection has been removed. Oftentimes, malpractice occurs when a dentist fails to properly diagnose that the root canal was not successful in removing the entire infection.

CONCLUSION

Root canals have a reputation of being an unpleasant experience. The reality, however, is that with modern medicine, you should not have persistent pain several weeks after the procedure. If you are still experiencing pain, we advise that you call a different medical professional to evaluate your mouth. If you have been a victim of dental malpractice, you can sue the dentist and have expensive follow up treatment bills paid for by the offending dentist.

CONTACT LAW HELP LOUISVILLE

If you, or someone you care about, has suffered a bad root canal, please email lawhelplouisville@gmail.com or call 502-771-0588. Under Kentucky law, any malpractice claim, including a claim against a dental professional must be brought within one year of when the injury occurred or reasonably should have been discovered. Under Indiana law, any malpractice claim must be brought within two years. Do not hesitate to call us.