Root canals done badly, and $7,000 to have them redone

Attorney Answer

What you describe — decay left behind under three root canals, found by the next dentist — can be dental malpractice, and New York's statute names dental malpractice expressly. The unpaid bill is a separate matter, and it is worth keeping the two apart.

What a claim has to show. That the first dentist's work departed from accepted dental practice, that the departure caused the harm, and what that harm cost you. Your strongest evidence is what the second dentist found: the X-rays and the exam showing decay that was never removed. Ask that dentist to put the findings in writing. The speed of the work is the part people focus on, but how fast it was done matters only if it shows the work was not done properly — the decay is the stronger point.

CPLR 214-a sets the period:

An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure

Two things in that sentence matter. The period is two years and six months, not the three years most people assume for an injury in New York. And it can run from the last treatment, not the procedure, where treatment for the same condition continued — so the clock depends on dates this page does not have, and it should never be counted from the day of the procedure alone.

That continuous-treatment language fits your situation closely: you kept going back to the first dentist because you were still in pain. When the last of those visits happened is one of the facts that decides how much time you have.

The money on each side. The $7,000 to redo the work, the $2,000 already paid, the lost crown and the pain are the harm a claim would address. The balance you stopped paying is a separate question: the first dentist may still pursue it, and a fee dispute and a malpractice claim can end up connected. Do not make payment decisions based on a page like this one — raise both together with an attorney.

If the first practice is a clinic run by a city, county or the State, much shorter notice deadlines apply, and you should find that out at once.

What you can do

1. Ask the second dentist for a written summary of what they found, with copies of the X-rays and the treatment plan.

2. Ask the first dentist's office for copies of your records and X-rays.

3. Keep the receipts for what you paid, the $7,000 estimate, and anything showing the lost crown.

4. Put together the dates of every visit to the first dentist. The last one may decide how much time you have.

5. Consult a New York attorney who handles dental malpractice, and bring the unpaid balance into the same conversation.

⏱ Time limits apply. CPLR 214-a gives two years and six months from the act or from the last continuous treatment for the same condition, so the date of your last visit to the first dentist matters. If the practice is run by a public body, a ninety-day notice comes first. Do not count it off yourself; take the dates to a New York attorney promptly.

A New York attorney can look at the specifics quickly, and most offer a short first conversation at no cost. A few minutes on your actual facts is worth more than any general guidance, this page included.