Got a Root Canal. Now it Needs Re-treated or Extracted.

I'm Scott Kuboff, a dental injury lawyer with the law firm of Ibold & O'Brien. I investigate and prosecute dental claims on behalf of clients who were seriously injured following a dental procedure.

It's not uncommon for a tooth on which a root canal was performed to need re-treatment or extraction shortly thereafter. Just because that happens, it does not necessarily mean the dentist did anything wrong.

To bring a claim against a dentist, there has to be a good mix of liability and damages. “Liability” is just another way of saying that the dentist did something wrong. “Damages” are the amount of money you can recover for your injuries, harms, and losses that were sustained as a result of that error.

Since these types of claims are very costly to pursue, I need to make sure that the recoverable damages considerably exceed the case expenses; otherwise, I’m not doing any good for my clients if I’m unable to put any money into their pocket for the fix or for what they've been through.

I get phone calls and emails from people who have had a root canal and now that tooth needs re-treated or otherwise extracted. It's not uncommon for a tooth on which a root canal was performed to need re-treatment or extraction shortly thereafter. Just because that happens, it does not necessarily mean the dentist did anything wrong.

To answer that question, I would need to get the records, radiographs, and send them off to an expert for formal review. To justify the time and expense in doing so, we really must consider damages. If it's a matter of a re-treatment or simple extraction, it's likely the costs of litigation would far exceed any recoverable damages. Of course, other lawyers have different opinions, and you should call around to discuss your particular claim.

Usually, in these situations, I counsel people to talk to the dentist to see if they could get a credit on their account for the second root canal or towards the extraction. However, if it required hospitalization for several days or otherwise a significant surgical procedure, in that case, the damage component begins to weigh in favor of conducting a formal review.

If you have sustained an injury following a dental procedure, please contact Scott for a no cost, no obligation consultation and case evaluation.