COVID-19 Notice: We are providing FREE consultations via phone or video conferencing for your safety and convenience. Learn More »
Super Lawyers
Justia Lawyer Rating for Ronald V. Miller Jr.
Best Law Firms
Avvo Rating - 10
Million Dollar Advocates Forum
Litigator Awards

Dental Malpractice Infection Lawsuit in Montgomery County

Yi v. Boston Dental Group

dental malpractice lawyerThis dental malpractice lawsuit was filed by a woman in Montgomery County after her dentist left particles behind during a procedure resulting in an infection. It was filed in Health Claims Arbitration on April 5, 2017, and it is the 160th medical malpractice case filed in 2017 in Maryland.

Summary of Plaintiff's Allegations

Plaintiff goes to defendant dentist with pain surrounding one of her teeth. Defendant tells her that she needs a root canal and a crown. He performs the procedure, but after the woman has pain around the area. The dentist grinds the tooth down, but this does not relieve her pain.

The woman goes to a different dentist who takes an X-ray. It is determined that her condition is due to an infection, which resulted from a particle being left after the root canal procedure. The woman's only choice was to have another root canal procedure done. When she goes to see an endodontist, this infection and particle in the root canal is confirmed. She has the infected tooth extracted successfully.

She files this claim, arguing that the dentist should have known the cause of her pain was due to an infection that was the result of an instrument being left behind after the root canal procedure.

Additional Comments
  • The big issue in dental malpractice litigation is whether the cost and expense of the lawsuit is sufficient to justify the claim. This is a classic case. Just based on a read to of the complaint, there is a fear that the cost of pursuing the case could exceed the trial or settlement value of the claim.
  • Plaintiff is correct that she would have had a better chance of a good outcome with antibiotics and that an x-ray might have caught the foreign body that had been left behind.
  • As you will see at the bottom of the page, there are a lot of dental malpractice lawsuits filed in Maryland, most by the same lawyer. This case was not filed by a lawyer who handles most of the dental malpractice claims in Maryland.
Jurisdiction
  • Montgomery County
Defendants
  • A dentist at Boston Dental Group in Rockville
  • Boston Dental Group
Hospitals Where Patient was Treated Negligence
  • Failing to remove all files used in the root canal procedure
  • Failing to take images, perform diagnostics, and order testing to determine if a file or instrument remained in the canal
  • Failing to enter information into the patient's chart
  • Failing to address the plaintiff's complaints of symptoms consistent with an infection
  • Failing to prescribe an antibiotic to help the infection subside upon receiving notice of the patient's complaints of symptoms
Specific Counts Pled
  • Negligence
  • Respondeat Superior
Plaintiff's Experts and Areas of Specialty
  • None at this time
Getting a Lawyer for Your Dental Malpractice Claim

If you have suffered as a result of the negligence of a dentist, we can help you. You are entitled to justice and compensation for the harm you have suffered. Miller & Zois has a long history of results in medical malpractice cases in Maryland, earning large verdicts and settlements. Call Miller & Zois today to speak to a medical negligence attorney at (800) 553-8082 or get a free online case review.

More Malpractice Claim Information
Client Reviews
★★★★★
When my sister was killed, we turned to Miller & Zois to fight for us. They stood by us every step of the way and we ended up getting more money than we asked for. C.B. (Baltimore City)
★★★★★
My prior lawyer was not able to get the insurance companies to offer a single penny in my case. Then my lawyer referred me to Ron and Laura. It was a long fight and they fought for me every step of the way. My case settled for $1.31 million. A.A. (Baltimore City)
★★★★★
I did not get an offer for my case because the insurance company said they were denying coverage. My lawyer then referred me to Miller & Zois. After Miller & Zois got involved, the offer was raised to $150,000. We thought that was not fair so Miller & Zois took my case to arbitration. Our case was well prepared and perfectly executed. The arbitrator awarded me $405,000. R.V. (Anne Arundel County)
★★★★★
I refer all of my serious injury cases in Maryland to Miller & Zois because they turn over every last stone to maximize the value of their case. The last case I referred to them settled for $1.2 million. John Selinger (New York personal injury lawyer)
★★★★★
As former insurance defense lawyers, Miller & Zois 'know the other side's playbook'. Lawyers Weekly USA