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View Full Version : Does anyone know what can be done to be compensated for a dentist's negligence?


bsafe
Mar 22, 2011, 05:02 PM

smoothy
Mar 22, 2011, 05:05 PM
Its called a Malpractice Lawsuit.

bsafe
Mar 22, 2011, 05:22 PM
I complained for well over 2 years of an odor when I flossed my front tooth that has (had) a crown and bad taste in my mouth at each 6 month check-up. I was assured everything looked fine and my teeth looked great!Most times a dentist never looked at me that day or if they did it was for about 3 minutes. Just found out 2/2011 after an x-ray was taken in 8/2010 that half my tooth was missing under my crown. I was referred immediately to an implant specialist. My front tooth, fairly new ceramic crown (4yrs old) had to be destroyed, tooth #9 extracted, bone and tissue graft done and now have a partial front denture until all heals. It makes me talk funny and is very diffucult to eat. I want to be compensated because I was complaining for quite some time and not one dentist took the time to investigate further. The implant specialist found a major tooth infection with an abcess and severe bone and gum loss. Poor dental office! Now I'm stuck with over 10000$ worth of bills for one tooth, due to lack of proper dental care from my dental office! Infuriated to say the least! Who wants to walk around with bad looking front teeth or none at all? UGH!

excon
Mar 22, 2011, 05:26 PM
Hello b:

Go visit a malpractice attorney tomorrow. If he thinks you have a case, he'll probably represent you on a contingency basis, meaning if he doesn't win, you don't pay.

excon

bsafe
Mar 22, 2011, 05:26 PM
Believe me, I have called many lawyers. Many lawyers won't take the case or they want something worth more money.. like wronful death or something more significant. This is very significant to me! I do not have 10000$ to just hand out.

excon
Mar 22, 2011, 05:28 PM
Hello again, b:

We crossed posts.. If you can't find a lawyer who will represent you on a contingency, it's because they don't think you have a case. Keep looking. You'll find one.

excon

bsafe
Mar 22, 2011, 05:32 PM
I have one lawyer who will look at my case. I'm hoping to reach a settlement. I'm at my wits end with lawyers who won't take my case. I had great looking front teeth and a great smile. Now, I am missing one with a partial denture for about 6 months. It's so embarrassing! And I don't have this kind of money!

bsafe
Mar 22, 2011, 05:36 PM
I'm doing my best excon.Thanks! It's very frustrating :( My mouth has been yapping on the phone for well over 2 weeks to try to find some resolution..

SandyRDH
Mar 22, 2011, 05:46 PM
Unfortunately, it's very difficult to prove since they do the notes on your visits... if they didn't mention in their notes that you complained of those symptoms, then essentially it didn't happen. The other issue is that if the x-rays they have on file don't show the infection or decay under the crown very well, you won't be able to prove that they were negligent. These cases are extremely hard to prove because sometimes dentistry is based on opinion or views... some people are more conservative with small cavities and some are aggressive with decay. Good luck and it's worth a shot to consult an attorney but I'm afraid you would have extreme difficulty getting a good attorney to represent you.

smoothy
Mar 22, 2011, 05:52 PM
There were two threads by the OP that were combined.

As you found out... lawsuits can be very expensive to make and fight. Sometimes more than the payoff would be.

bsafe
Mar 22, 2011, 05:55 PM
Thanks, Sandy. Believe me, I have been finding all this out the hard way. I got all my files today and it's all pretty much there I'm black and white of their negligence. I do have an attorney who is willing to do anything to help me. Let's hope he sees the blatant negligence in the files as I saw today. If the dental office can help me out with these expensive bills, I will be more than happy! I have been looking up the dental office online and having been reading nothing but horrible reviews on the place! Wish I did my homework sooner..

bsafe
Mar 22, 2011, 06:04 PM
When the dentist actually took the time to really look at the tooth I had been complaining about, all she did was poke around around the gum tissue, found bleeding and a spongy gum tissue. You could also see in previous photos of the one tooth's (infected tooth) gum receding more than the other. Completely obvious to any unqualified person to notice the difference. A dentist or hygienist should have definitely picked up on all of this.

SandyRDH
Mar 22, 2011, 06:13 PM
sorry to hear that... unfortunately there are bad dentists out there... but remember there are good ones too... definitely do your homework, ask friends to refer you to someone they trust for your future dental needs. And always be proactive in your dental care... if a tooth hurts and they say nothing is wrong, demand another x-ray for another view or have a second opinion and have them show you things on an x-ray, you may not understand what you are seeing but it makes them take a second look as well...

bsafe
Mar 22, 2011, 06:16 PM
I hear you. If a settlement can be reached without litigation, I will be more than happy!

excon
Mar 22, 2011, 06:21 PM
I hear ya. If a settlement can be reached without litigation, I will be more than happy!Hello again, b:

What you don't understand, is that settlements are reached when a trial is imminent. Even if you're right, and I believe you are, they're going to deny, deny, deny and cause you to spend loads and loads of money, until it appears that they might actually have to PROVE what they're saying in court. But, you'd have gone broke long before that happens.

excon

bsafe
Mar 22, 2011, 06:22 PM
Yep.. I learned the hard way. I just thought these qualified professionals knew what they were doing. They always told me to keep up the great work. They said, we wished we had more patients like you who took such excellent care of their teeth. I really trusted them. I will never trust another professional again, sad to say. Being a nurse, I know I always do my best. Too bad half of the world didn't do the same..

excon
Mar 22, 2011, 06:30 PM
Yep..I learned the hard way. I just thought these qualified professionals knew what they were doing.Hello again, b:

If there's the BEST dentist in the world, then certainly, there's the WORST. I think you met her.

excon

bsafe
Mar 22, 2011, 06:31 PM
A settlement can be reached without going to trial if they are willing to settle outside the courtroom. I just need a lawyer to back me up.

bsafe
Mar 22, 2011, 06:35 PM
LMAO! I fricken indeed did! Believe me my mouth will NEVER shut until I am happy with the result! I am very persistent and demanding. They will be so sick of my name when all is said and done!

bsafe
Mar 22, 2011, 06:39 PM
Thank you all for your comments and answers. Much apprecitaed! :)

Fr_Chuck
Mar 22, 2011, 07:06 PM
A settlement can be made in the lobby just talking if they are willing, but don't count on it,
And beyond an attorney you are going to need another dentist or even two, willing to testify that what they did was negligence or not normal standard procedure.

They will not even get worried at the attorneys letters, since the attorney can not testify as to if what they did was proper or not proper.

And a non dental professional can not testify as to if it was right or wrong, so you will have to find a dentist willing to testify against them, and of course pay for those dentist to review the files.

And it can take years to reach settlements, if they push it.

bsafe
Mar 23, 2011, 03:41 AM
This dental office has been in the hot seat for many years. I could tell by the turnover rate and the staff's unhappiness with being there. I was happy, I thought I had a great hygienist and like I said, they always said my teeth looked great every time. I thought I was in great hands. Three dental office's agreed with everything I had to say, even the one I was going to, that the infection should have never reached the point that it did. We will see what happens. I'm not giving up. This blatatantly was not my fault!

J_9
Mar 23, 2011, 03:52 AM
And beyond an attorney you are going to need another dentist or even two, willing to testify that what they did was negligence or not normal standard procedure.

They will not even get worried at the attorneys letters, since the attorney can not testify as to if what they did was proper or not proper.

And a non dental professional can not testify as to if it was right or wrong, so you will have to find a dentist willing to testify against them, and of course pay for those dentist to review the files.


I beg to differ Chuck. An attorney who specializes in this sort of case, or has in the past, will be able to find, even in case law, whether what was done was proper or not proper.

As far as the OP finding dentists willing to testify, this is also not accurate as it will be the attorney's who will be finding the expert witnesses. Most times expert witnesses will come from out of state so that they don't have to testify against a practitioner in their own hometown as this can cause discord among practitioners.

You may, or may not, know that I am involved in a case at the moment. Not dental, but medical anyway.

bsafe
Mar 23, 2011, 04:00 AM
I'm with you J_9. I believe every case is different. Obviously, I can't post everything in my files, but I think I'm on the right track. Just wanted to hear if anyone had any similar experiences. Not many people have or is willing to pursue it it like I am. It's frustarating, but I'm not giving up. This was clearly not my fault!