Proving Negligence in Failed Root Canal Cases: Building a Strong Legal Claim

Root canals, already synonymous with unpleasant experiences, become exponentially worse when dental malpractice is involved. The complications caused by a dentist’s negligence before, during or after the procedure can lead to long-term health problems or even, in rare cases, a fatality. If you have suffered serious harm as a result of a failed root canal due to dental negligence in New York, Lance Ehrenberg, Esq. is the attorney to contact. 

Lance has decades of experience and an impressive track record of success both in and out of the courtroom. Your initial consultation with him is free and you will be charged no attorney’s fees until he brings you the meaningful compensation you deserve.

How Root Canal Surgery Can Go Terribly Wrong

Root canal treatments are complex procedures that require preparation, precision, and careful follow-up to avoid:

  • Incomplete removal of pulp which can spread the existing infection
  • Over or under filling the cleaned canal (overfilling can lead to pressure on surrounding tissues; underfilling can fail to seal the canal properly, risking re-infection)
  • Perforation of the tooth or roots can result in complications requiring further treatment
  • Failure to detect all canals since some teeth have more than one root canal and missing any could leave the existing infection untreated

In failed root canal procedures, as in other cases of dental malpractice, other types of negligence may be factors, such as your dentist’s failure to:

  • Get your informed consent
  • Take or pay attention to your medical history (e.g. pre-existing conditions or allergies)
  • Administer anesthetics properly
  • Administer medications properly
  • Sterilize the surgical site or premises
  • Diagnose or treat recurring infection

There are a great many ways your health can be compromised during a root canal procedure. A sharp lawyer will hold your dentist accountable for any and all types of negligence that have caused you harm.

How Dental Malpractice Is Proven

In order to prove dental negligence in the state of New York four elements must be established:

  1. Duty of care inherent in the doctor-patient relationship
  2. Breach of duty expected of a competent professional in this medical discipline
  3. Causation of harm to the patient as a direct result of the breach of duty 
  4. Quantifiable damages accrued as a result of the injury

How Strong Attorneys Prove Dental Negligence

First-rate attorneys like Lance Ehrenberg have the well-honed skills and keen insight to efficiently:

  • Gather and examine dental and medical evidence
  • Identify and interview witnesses
  • Determine the value of your claim by calculating your lost income, 
  • medical costs, and all expenses related to the failed root canal procedure
  • Negotiate a maximum settlement
  • Take your case to trial if a reasonable settlement isn’t forthcoming

Most of all, they have the intricate knowledge of the law to assist you in recovering every dollar of damages you deserve.

Damages Attorneys Fight to Win in Failed Root Canal Cases

Able dental malpractice attorneys work hard to recover the funds their clients require to compensate for all of their losses, including:

  • Medical, surgical, and rehabilitative costs
  • Pain and suffering
  • Emotional distress
  • Disability and/or disfigurement
  • Loss of enjoyment of life

The Takeaway

If your dentist’s negligence has caused you harm as a result of a failed root canal procedure, you are entitled to just compensation. To receive the reasonable damages you deserve requires the skill and determination of an excellent dental malpractice attorney. The sooner you contact Lance Ehrenberg, the sooner he will begin fighting vigorously for your rights.

About the Author
Of all the different areas in medical malpractice, it is podiatry malpractice that has had a particular interest to me. With 42 years practicing law and representing hundreds of victims of malpractice, I have created a law practice in which my clients are comfortable knowing that their case is being handled with my personal attention, in the most professional manner, and without unreasonable delays.