Dentist completed a root canal and completely missed one of the canals, do I have a case?

You need to have a formal opinion from a dentist. That Dentist 1 was negligent (some procedures go wrong despite the doctor/dentist exercising the appropriate degree of due care). More important, you may not have enough in damages to have a viable dental malpractice case.

You probably do, assuming one of your dentists will testify for you that dentist 1 missed a canal./ I assume there is nothing that dfentist 1 could offer in excplanation. For example, I had a similar problem several years ago. One of the canals had filled up with calcium so it was not cleared so to speak. I have had no problem. In your case if the canal is clearly open and was clearly apparently overlooked because of carelessness you have some kind of case. his insurance ought to pay you something. Not a lot perhaps but your expenses and a little for pain. Doctors don't often admit fault. And their insurance companies don't like them to and they wont admit fault either. So it may mean a year and half or 2 years of litigation. Your problem might be finding a lawyer who would be willing to make that commitment. Have you talked with the insurance carrier? You should.

You might have a claim but it is not worth pursuing in a lawsuit. Missing a canal is not always negligence depending upon the tooth and its root structure. Unless you were hospitalized with substantial medical bills or lose the tooth, your damages are not sufficient to proceed with a professional negligence claim. If there is some type of peer review committee with the local dental society, this would be an appropriate venue to obtain your money back for the original root canal treatment. You might contact the original dentist and ask for your money back for the original root canal.

Not unless you can get another endodontist to testify that constitutes a breach of the standard of care.

You do have a case against dentist 1. The problem is, you will have to go to court in state 1; the courts of your current state have no jurisdiction because the malpractice occurred in state 1 and the injury was sustained in state 1. An argument can be made that the continuation of the pain and infection plus the need for treatment in state 2 give basis for jurisdiction of the state 2's courts; but, even if your attorney prevails on this point, the dentist's attorney will appeal, and the case will drag on for years and cost you more than you might win. So I would recommend calling the bar association in state 1 and asking for a referral to 2-3 dental malpractice/personal injury attorneys. You should be to speak with the attorneys on the phone and retain the one you feel comfortable with.

Dental malpractice cases are always difficult to prove, as well as expensive and time consuming. You will have to be able to prove a failure to adhere to accepted practice, and resulting injury as well, and expert witness testimony is required for that reason. In order to be able to pursue the matter, the consequences would have to be severe enough to merit a substantial enough recovery to justify the time and expense.

Is Dentist 3 willing to testify under oath that Dentist 1 (and possibly Dentist 2) was/were negligent? If so, you should ask 1 and 2 for the name of their professional liability insurer(s) and contact them. Or, you could save yourself some time, effort, and possible disappointment by consulting a good attorney.

You should consult with a plaintiff's medical malpractice laweyer for specific legal advice.