- November 20, 2023
- Posted by: legaleseblogger
- Category: Related News
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In a recent incident in Massachusetts, a patient underwent an unnecessary dental operation that resulted in the need for additional dental work. The dentist performed a filling procedure that ultimately led to the need for a root canal and a temporary cap. This raises questions about the patient’s options for recourse in this situation. Can the patient take legal action against the dentist for the unnecessary procedure, and if so, what are the potential outcomes?
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Dentist here:
According to your description, nothing wrong happened here. The dentist tried the most conservative approach first (a filling) and it wasnÔÇÖt able to be completed due to some reason (probably the depth of decay or a potential nerve problem). They then temporarily fixed the tooth and referred her for a root canal.
The standard of care is that we can use X-rays that were previously taken and donÔÇÖt necessarily have to take a new one for every case. The comment from the dentist about taking a new X-ray may elude to that whatever he/she thought was going on inside the tooth wasnÔÇÖt actually what was found when they started drilling into the tooth, and a new X-ray may have shown something different but wouldnÔÇÖt have changed the outcome for your girlfriend. Hope this helps.
Probably trying to save you money from paying for an X-ray that might not have been needed. And if they had done an X-ray, there would have been a root canal anyway.
FFS – this is what is part of the reason healthcare is so expensive
Insurance only covers xrays every so often. Otherwise you are on the hook for full amount.
Ive had xrays done, dentist determined i needed crown and root canal but after getting in there decided RC wasnt needed and only did crown.
Its not an exact science, and there is an element of exploratory surgery when it comes to cavities.
The dentist or endontist would need to drill EITHER WAY.
The tooth would need a temp cap EITHER WAY.
Thats how RCs go. They drill, do RC, give you a temp. Then you go back and get real crown.
The dentist was TRYING to avoid making you pay extra fees (xray) and the xray may or may not have shown a need for a RC.
The dentist didnt do anything wrong. The dentist didnt charge you for work you wouldnt have otherwise needed.
Malpractice is when a dentist drills the wrong tooth, not does work that needs to be done with your consent
>Does she have any recourse here?
Not necessarily.
We don’t know the details here. We don’t know the standard of care. We don’t know what he saw. Certainly I have fillings all the time without x-rays. We can infer here that this problem was perhaps borderline and perhaps left him with a judgment call as to whether to treat or whether investigate further. He made a call.
If that call was outrageous, as in no competent dentist would have done what he did, you might have a case. If that call was a 50/50, that he was wrong doesn’t make malpractice.
More importantly, you’d be suing for $400. And the expert testimony that this dentist was wrong would be more than $4,000.
It would be reasonable to ask him for a discount on the root canal if he’s doing it, or a discount on the next filling if he’s not. But he doesn’t have to agree to that.
Dentist here. Taking the X-ray or not taking the X-ray wouldnÔÇÖt have affected how deep the cavity went. It only would have affected the conversation ahead of time. And, this would only have made a material difference if knowing that it may need a RCT would have disincentivized you from wanting the filling.
If you had known that the cavity was especially deep and may have needed a RCT, would you have been more or less motivated to try for a conservative filling now as opposed to waiting or not treating it at all? Most of my pts are more motivated to try for the filling if they know that getting the filling now may prevent the need for a RCT next week or next month.
As for charging for the filling, the dentist is charging for their time, best efforts to prevent a RCT (this takes way longer than for a standard filling), and for the temporary filling. Although I personally charge less, I absolutely think $400 is fair for the time that would take.
Charging to remove the cavity and place the filling is not unnecessary as long as your gf wanted to save the tooth when she started the procedure. Now, in hindsight, she may want it pulled rather than the RCT, filling, and crown needed to save it, but that wasnÔÇÖt known when she and the dentist agreed to the treatment.
Assuming she wants to save the tooth, everything that dentist did sounds necessary for saving the tooth. You have to get the whole cavity out or the bacteria will keep spreading through the tooth, and you canÔÇÖt just send someone out of your office with an ÔÇ£openÔÇØ, unfilled tooth. It would be painful, the walls of the tooth could break rendering it unsavable, and it could get reinfected from mouth bacteria. If your gf opts to save her tooth, everything that was accomplished is necessary for saving her tooth with RCT.
This happens. They sometimes see something with their eyes that they donÔÇÖt catch on X-ray. The good news is that if she needs a root canal and gets a root canal she will end up feeling a lot better. Getting a root canal greatly improved the quality of my life when my dentist discovered an abscessed tooth under a filling done by my previous dentist.
Not everything is litigious. They handled this correctly. I have experienced this before working previously in a dental practice- the dentist attempted to do a filing which is less than a root canal. Also, taking X-rays wouldn’t have changed the outcome. Furthermore, if you are in the US and she has coverage-then you should be familiar with that X-rays are only taken twice a year unless there is a separate procedure that’s needs to be completed like surgery.
Did he complete the root canal? A temporary crown after having a root canal done is standard procedure while it heals before they put the permanent one in.
If he hasnÔÇÖt done the root canal yet, I would only pay for one temporary cap.
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You donÔÇÖt have a case. Do you have state insurance to help with cost? You can either do a root canal or pull the tooth. I recommend root canal. The decay was deep, therefore you need further treatment.