Is there a time period i have to sue my dentist for pulling out the wrong teeth?
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Is there a time period i have to sue my dentist for pulling out the wrong teeth?
Some months ago i got my braces and i still had 2 baby teets the dentist did
an x-ray then afther some weeks i came to remove the baby teeths but i think
theh mixed the x-rays of my brother and mine im not realy sure i hope they
didnt i will go check but if so can i still sue the dentist and will i have
to pay for a lawyer to sue em or will they have to pay everything if i win
the case?
Asked on April 9, 2018 under Malpractice Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you are a minor, your parent or guardian would have to handle this matter for you.
If the wrong teeth were pulled, prior to filing a lawsuit it may be possible to settle the case with the dentist's malpractice insurance carrier. If the case is settled with the dentist's malpractice insurance carrier, NO lawsuit is filed. Your attorney is paid out of the settlement of the case and receives a percentage of the amount recovered.
If you are not a minor or if you are a minor and your parent or guardian is handling the matter, if the settlement offer is unsatisfactory, reject the settlement and file a lawsuit for negligence against the dentist.
The statute of limitations in FL for filing a lawsuit in a dental/medical malpractice case is 2 years from the date the malpractice occurred or if it wasn't discovered until sometime thereafter, you have 4 years to file the lawsuit from the date the malpractice was discovered.
If the case has not been settled, the lawsuit for negligence against the dentist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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