antoni
01-30-2004, 01:04 PM
I am wondering has anyone out there brought a lawsuit for their tmjd brought on by medical or dental malpractice?
Thanks alot.
A
Thanks alot.
A
Sponsor
Michelle W
01-30-2004, 05:59 PM
No, I think it would be impossible to prove myself.
Cymy Sue
01-30-2004, 06:33 PM
I agree Michelle. Even those of us who had surgeries go bad, have little chance. I don't know of anyone who has sued and made a case.
In a malpractice or negligence case, you have to have an expert witness, which is another Doctor, Dentist, Surgeon, etc. "Swear" that a procedure (or dental work) was done completely wrong, not within what is considered normal practice and that it was done knowingly, carelessly (and that's iffy) or with intent to harm the patient.
Even with surgical mistakes, there are so many ways it can be covered up.
If a provider says he was doing a procedure to the best of his abilty as he was taught in school, you have no case, regardless of the outcome.
If they cut your tongue out by mistake, maybe.
If they are inebriated or high and you can prove it, then you would have a case.
You also can hardly find other professionals who will testify as expert witnesses.
This applies to all types of medical procedures. They kill people every day with stupid mistakes and get away with it. I know of cases of incredible carelessness that didn't constitute malpractice or negligence.
Sorry to be the voice of doom, but it's very hard to make these cases and getting harder every day.
Cymy Sue
In a malpractice or negligence case, you have to have an expert witness, which is another Doctor, Dentist, Surgeon, etc. "Swear" that a procedure (or dental work) was done completely wrong, not within what is considered normal practice and that it was done knowingly, carelessly (and that's iffy) or with intent to harm the patient.
Even with surgical mistakes, there are so many ways it can be covered up.
If a provider says he was doing a procedure to the best of his abilty as he was taught in school, you have no case, regardless of the outcome.
If they cut your tongue out by mistake, maybe.
If they are inebriated or high and you can prove it, then you would have a case.
You also can hardly find other professionals who will testify as expert witnesses.
This applies to all types of medical procedures. They kill people every day with stupid mistakes and get away with it. I know of cases of incredible carelessness that didn't constitute malpractice or negligence.
Sorry to be the voice of doom, but it's very hard to make these cases and getting harder every day.
Cymy Sue
antoni
01-30-2004, 08:50 PM
Thanks C. & M.
I was inquiring because I met with a lawyer who sues dentists for malpractice.
Here in New York city people can pay around 50K for major dental work.
So with that kind of money people are suing. You may have seen my many posts about that barbaric procedure where 9 of my teeth were shaved down by this quack machine called the air abrasion. The bottom line is that it is legal to use it, even though most dentists know it's bad for patients and don't use.
My bite was made lopsided and the crown/porcelain replacements just screwed up the bite worse when I tried to get it fixed. I know theres worse things in life but I live with the discomfort 24/7.
The thing about the lawyer was that he has an "expert" who anonymously would review my case to ascertain that there was malpractice and he would serve as the expert witness. Although I would pay for this around $2,000. Also I would be liable for expenses at the end of the litigation. BUt the only thing is that you don't find out till it's over how much which I don't like because if you lose, you could get hit with a big bill. The lawyer said that the dentists' insurance company would assign the dentist a defense attorney(s) and you would be reviewed by their specialists. We know what their specialists would say -- that it was reasonable and customary. In my case, when I confronted the dentist he said what he did to me is how he was trained to use the machine in school?? Also my lawyer said, alot of dentists just lie and don't provide their x-rays by claiming that they gave the x-rays to the patients so then there are no x-rays to be used.
Then their attorneys can countersue you for defamation of character that you are just lying to ruin their reputations.
I agree with you, so many mistakes are made, people die and things get covered up. The exception is when the truth comes out. So in my case, I won't pursue litigation because so many things are stacked against me.
I was inquiring because I met with a lawyer who sues dentists for malpractice.
Here in New York city people can pay around 50K for major dental work.
So with that kind of money people are suing. You may have seen my many posts about that barbaric procedure where 9 of my teeth were shaved down by this quack machine called the air abrasion. The bottom line is that it is legal to use it, even though most dentists know it's bad for patients and don't use.
My bite was made lopsided and the crown/porcelain replacements just screwed up the bite worse when I tried to get it fixed. I know theres worse things in life but I live with the discomfort 24/7.
The thing about the lawyer was that he has an "expert" who anonymously would review my case to ascertain that there was malpractice and he would serve as the expert witness. Although I would pay for this around $2,000. Also I would be liable for expenses at the end of the litigation. BUt the only thing is that you don't find out till it's over how much which I don't like because if you lose, you could get hit with a big bill. The lawyer said that the dentists' insurance company would assign the dentist a defense attorney(s) and you would be reviewed by their specialists. We know what their specialists would say -- that it was reasonable and customary. In my case, when I confronted the dentist he said what he did to me is how he was trained to use the machine in school?? Also my lawyer said, alot of dentists just lie and don't provide their x-rays by claiming that they gave the x-rays to the patients so then there are no x-rays to be used.
Then their attorneys can countersue you for defamation of character that you are just lying to ruin their reputations.
I agree with you, so many mistakes are made, people die and things get covered up. The exception is when the truth comes out. So in my case, I won't pursue litigation because so many things are stacked against me.
Michelle W
01-31-2004, 12:32 AM
Antoni,
I am so sorry that this happened to you. I don't even begin to understand the dental profession anymore. I can't figure out why they don't wait and try to give more time and depth of understanding of one's problem before they rush into treatment, which causes more problems. Is there anyway of correcting your situation at all? I sure hope there is some way for things to work out for you, so you can find some relief.
Sincerely,
MIchelle
I am so sorry that this happened to you. I don't even begin to understand the dental profession anymore. I can't figure out why they don't wait and try to give more time and depth of understanding of one's problem before they rush into treatment, which causes more problems. Is there anyway of correcting your situation at all? I sure hope there is some way for things to work out for you, so you can find some relief.
Sincerely,
MIchelle
mdla
01-31-2004, 05:50 AM
I had one former anestesioalogist (sp I know) tell me I should even bring a suit against the group that did my spinal surgery bec. I got TMJ right following that surgery and never had it before. So if that can cause it Im sure you should have a case with dental work. I did not sue but one of my tmj dentsits told me that dentists don't know how much power they have to disable you with dental work.
Michelle W
01-31-2004, 07:18 AM
Yes, you are correct that intubation of the breathing tube prior to surgery can cause one to have TMJ. If they really force you mouth open wider than it needs to be to insert that tube you can result in causing TMJD. I often wonder about that in my case, because an anesthiologist told me he had a very hard time intubating me for my surgery of gallbladder removal. I have also heard much about wisdom teeth being removed improperly can have the same effect. There are so many ways and reasons one can obtain TMJD.
Not to be discouraging but unless that specific anesthesiologist would testify on your behalf, I just think it would be very hard to prove. Also I think the dental profession is like the "good old boys sorority club". They are not going to turn on each other. They might need a favor. It takes a real different kind of practioneer to take a stand and say "We did harm." The first line in the doctor's oath I think is "First, do no harm." Unfortunately, I think so much is about making money, which is okay if you are selling cars. The person buys too expensive of a car they can always sell it. You get my point.
I am sorry to be such a downer on this subject. I just have a little experience in this area.
Not to be discouraging but unless that specific anesthesiologist would testify on your behalf, I just think it would be very hard to prove. Also I think the dental profession is like the "good old boys sorority club". They are not going to turn on each other. They might need a favor. It takes a real different kind of practioneer to take a stand and say "We did harm." The first line in the doctor's oath I think is "First, do no harm." Unfortunately, I think so much is about making money, which is okay if you are selling cars. The person buys too expensive of a car they can always sell it. You get my point.
I am sorry to be such a downer on this subject. I just have a little experience in this area.
Al4
01-31-2004, 10:18 PM
It is true that it is difficult to win most malpractice suits, since doctors, dentists and surgeons have a huge margin of error. In fact that is why so many of them get very bold and unscrupulous in taking risks with the patient lives. But does that mean that they should be left off the hook? Sometimes the injuries and the severe loss of quality of life make a suit worth filing, even if it is lost. It then becomes public record, which hopefully is enough to warn other patients to stay away from the doctor or dentist.
Cymy Sue
02-01-2004, 08:27 AM
Al, you're absolutely right about this. Even if the suit is not won or does not go to court, in most cases, even an intent to sue is filed in the Court and remains on record.
After a Care Provider has several "Attempts" of suit, their Insurers take notice. If any Provider gets enough "Attempts", they will no longer be insured and therefore can't practice or their practice may be limited. An individual may not see the results of their efforts, but in the long run, may keep others from harm.
This is the way it is with Medical Providers in my State. Different States vary on Legal Matters.
Many times if a Provider does realize they have made substantial errors, they will settle out of court. This keeps a Complaint from appearing on Public Record. Many Insurers do not settle in this manner. This would be cases in which expert witnesses are hard to find and the damage to the patient or a sequence of events leading to death, damage or disablity, would have to be explained in "Expert" detail to the Court.
If you have obvious physical damage from a procedure and the ineptness of the Provider can not be denied, you may not have to rely on an Expert testifying on your behalf.
Regardless, if any person feels they have been harmed, it is their right to seek Legal Advice and follow through with a suit if it is warranted.
Antoni's experience with a Mal-Practice Attorney is disturbing.
In my area, the most prestigious Mal-Practice Law Firm does not require money up front. They review the information and decide if the case is absolutely valid before taking an individual as a client. If so, they spend months retrieving records and contacting other "Specialists" for their opinion, file the case within the time limit and do other "work" that does cost them money. If the suit, for some reason, does not make it to court, the individual is not charged a fee. They (do) only take cases they feel have merit (winable) and are compensated (only) if the suit is won.
They do take the highest compensation allowed by our state plus expenses, if they win. However, if they lose or the suit is dropped, the injured party (or family) is not charged one cent.
I'm sure this is different from state to state and a Firm or Attorney's prerogative, in how they handle compensation.
My previous post was not to try to deter anyone, but to relate personal experience and knowledge of other cases. (friends)
One case that I am aware of: The Surgeon who was to be sued did not have any previous complaints.(she was young) The suit was deemed valid and filed. Verbal confirmations of the Medical Errors were made by 3 other Specialists. None would testify in Court. A sequence of errors were made that would have required Expert explanation. The suit was dropped. The people were not after money, just to expose this Surgeon was not quailified to do the surgeries she was doing and this case resulted in death.
In the last few years, other complaints of the same nature have been made against her and filed. (I don't know if anyone succeeded in Court)
I do know she is not allowed to do this particular surgery and others anymore, even though she is still with the Surgical Group. Her Surgical Priviledges have been substantially limited and diminished. I assume, due to numerous complaints. Hopefully, she will not kill anyone else, due to carelessness and inexperience in the field she is in.
You've made a very valid and important point with your post and I will not be so quick to be the "Voice of Doom" in future discussions regarding this subject.
Thanks,
Cymy Sue
After a Care Provider has several "Attempts" of suit, their Insurers take notice. If any Provider gets enough "Attempts", they will no longer be insured and therefore can't practice or their practice may be limited. An individual may not see the results of their efforts, but in the long run, may keep others from harm.
This is the way it is with Medical Providers in my State. Different States vary on Legal Matters.
Many times if a Provider does realize they have made substantial errors, they will settle out of court. This keeps a Complaint from appearing on Public Record. Many Insurers do not settle in this manner. This would be cases in which expert witnesses are hard to find and the damage to the patient or a sequence of events leading to death, damage or disablity, would have to be explained in "Expert" detail to the Court.
If you have obvious physical damage from a procedure and the ineptness of the Provider can not be denied, you may not have to rely on an Expert testifying on your behalf.
Regardless, if any person feels they have been harmed, it is their right to seek Legal Advice and follow through with a suit if it is warranted.
Antoni's experience with a Mal-Practice Attorney is disturbing.
In my area, the most prestigious Mal-Practice Law Firm does not require money up front. They review the information and decide if the case is absolutely valid before taking an individual as a client. If so, they spend months retrieving records and contacting other "Specialists" for their opinion, file the case within the time limit and do other "work" that does cost them money. If the suit, for some reason, does not make it to court, the individual is not charged a fee. They (do) only take cases they feel have merit (winable) and are compensated (only) if the suit is won.
They do take the highest compensation allowed by our state plus expenses, if they win. However, if they lose or the suit is dropped, the injured party (or family) is not charged one cent.
I'm sure this is different from state to state and a Firm or Attorney's prerogative, in how they handle compensation.
My previous post was not to try to deter anyone, but to relate personal experience and knowledge of other cases. (friends)
One case that I am aware of: The Surgeon who was to be sued did not have any previous complaints.(she was young) The suit was deemed valid and filed. Verbal confirmations of the Medical Errors were made by 3 other Specialists. None would testify in Court. A sequence of errors were made that would have required Expert explanation. The suit was dropped. The people were not after money, just to expose this Surgeon was not quailified to do the surgeries she was doing and this case resulted in death.
In the last few years, other complaints of the same nature have been made against her and filed. (I don't know if anyone succeeded in Court)
I do know she is not allowed to do this particular surgery and others anymore, even though she is still with the Surgical Group. Her Surgical Priviledges have been substantially limited and diminished. I assume, due to numerous complaints. Hopefully, she will not kill anyone else, due to carelessness and inexperience in the field she is in.
You've made a very valid and important point with your post and I will not be so quick to be the "Voice of Doom" in future discussions regarding this subject.
Thanks,
Cymy Sue
antoni
02-01-2004, 10:27 AM
There's no hope for relief because the damage has been done so to speak.
All my teeth have been shaved down and there's no way even with crowns that they will fit precisely enough. In some people having all crowned teeth doesn't bother them, but in my case the dental work had triggered all sorts of tmjd symptoms(because it screwed the bite so bad) and the teeth have now gotten crooked. I would need braces then possibly restorative work but EVEN then, it may not work.
Also, with the specialists I saw to try and fix the problem, believe it or not they didn't want to get involved. Their like "Well, you were not broke" and who did that to you, I would have done things very differently". I don't get involved with that(essentially fixing someone else's bad dental work). They also seem afraid to get involved because of liability. They told me it was all caused by repeated bad, unnecessary dental and want nothing to do with me.They just send me back to the person who did the work.
I was surprised, I saw very little empathy for the patient. They just seemed very arrogant. If it's something easy to fix that is their specialty they'll be more than happy to do it. But if not, they can't show you to the door quickly enough.
I can only imagine how bad it must be with the TMJ surgeries I've read about and they botch people and you try and go back and they can't help you and make you feel crazy.
The lawyer I saw also told me peer group mediation by a board does no good because they just side with the health-care professional and you might get a little money back but not much.
Take Care
All my teeth have been shaved down and there's no way even with crowns that they will fit precisely enough. In some people having all crowned teeth doesn't bother them, but in my case the dental work had triggered all sorts of tmjd symptoms(because it screwed the bite so bad) and the teeth have now gotten crooked. I would need braces then possibly restorative work but EVEN then, it may not work.
Also, with the specialists I saw to try and fix the problem, believe it or not they didn't want to get involved. Their like "Well, you were not broke" and who did that to you, I would have done things very differently". I don't get involved with that(essentially fixing someone else's bad dental work). They also seem afraid to get involved because of liability. They told me it was all caused by repeated bad, unnecessary dental and want nothing to do with me.They just send me back to the person who did the work.
I was surprised, I saw very little empathy for the patient. They just seemed very arrogant. If it's something easy to fix that is their specialty they'll be more than happy to do it. But if not, they can't show you to the door quickly enough.
I can only imagine how bad it must be with the TMJ surgeries I've read about and they botch people and you try and go back and they can't help you and make you feel crazy.
The lawyer I saw also told me peer group mediation by a board does no good because they just side with the health-care professional and you might get a little money back but not much.
Take Care
antoni
02-01-2004, 10:34 AM
Cymy,
That's very interesting about the "attempts" thing. The practice I got botched at is owned by the boss ,an older dentist, who no longer can practice(although noone says why). This practice is known for "botching" people up(I found out after it's too late and didn't check the public record). My prosthodontist that did the botched repair work told me that this dentist can still own a practice as long as he doesn't practice himself, he just hires other people to continue his bad procedures to generate money --- "associates". An associate in this practice did my procedure. I inquired why this quack was still in business and the prostho replied nobody cares he just gets a new crop of henchmen to do his dirty work.
It's food for though even just filing the intent to sue may be of value down the road in terms of his insurance coverage.
I guess it's very important in today's day and age to check the public records on a dentist to see if their have been any suits filed against him. It seems people don't know they can access this but they can. I think I will try to see what I come up with just out of curiosity.
Thanks A
That's very interesting about the "attempts" thing. The practice I got botched at is owned by the boss ,an older dentist, who no longer can practice(although noone says why). This practice is known for "botching" people up(I found out after it's too late and didn't check the public record). My prosthodontist that did the botched repair work told me that this dentist can still own a practice as long as he doesn't practice himself, he just hires other people to continue his bad procedures to generate money --- "associates". An associate in this practice did my procedure. I inquired why this quack was still in business and the prostho replied nobody cares he just gets a new crop of henchmen to do his dirty work.
It's food for though even just filing the intent to sue may be of value down the road in terms of his insurance coverage.
I guess it's very important in today's day and age to check the public records on a dentist to see if their have been any suits filed against him. It seems people don't know they can access this but they can. I think I will try to see what I come up with just out of curiosity.
Thanks A
CherylLynn24
02-02-2004, 04:07 AM
Insurance Companies are very big corporations, we all know that. When they hire lawyers to work for them, are they going to hire mediocre lawyers? Not a chance. They hire the best lawyers that money can buy. Do you think that the lawyers that we find in the phone book, through friends, etc. stand a chance against theirs? I'm sorry to say this, but things are only going to get worse when it comes to malpractice.
Approximately a year or so ago, a man went into the hospital to have his one leg amputated. They amputated the wrong one. Blatant malpractice. He was awarded approximately $200,000 in which his legal team took 40%. A fair price for a leg? I think not.
With current talk of Tort Reform, things will only get worse. Having a medical/dental license seems to be a saving grace for causing pain, injury and loss of life.
Sorry to sound so grim, but this is what we face.
Cheryl
Approximately a year or so ago, a man went into the hospital to have his one leg amputated. They amputated the wrong one. Blatant malpractice. He was awarded approximately $200,000 in which his legal team took 40%. A fair price for a leg? I think not.
With current talk of Tort Reform, things will only get worse. Having a medical/dental license seems to be a saving grace for causing pain, injury and loss of life.
Sorry to sound so grim, but this is what we face.
Cheryl
SueSt
02-02-2004, 04:45 PM
I was wondering whether any of you considered reporting the dentist etc. to your state's licensing office.
A malpractice attorney I consulted would not take the case, saying there was not much money in dental malpractice cases. However, they referred me to our state licensing office, where I could, if I wish, file a complaint against the dentist etc. I'm still trying to decide whether it is worth my time and effort and frustration. My dentist etc. seemed to be pretty good at explaining away what he did and making it sound SO reasonable.
SueSt
A malpractice attorney I consulted would not take the case, saying there was not much money in dental malpractice cases. However, they referred me to our state licensing office, where I could, if I wish, file a complaint against the dentist etc. I'm still trying to decide whether it is worth my time and effort and frustration. My dentist etc. seemed to be pretty good at explaining away what he did and making it sound SO reasonable.
SueSt
Michelle W
02-03-2004, 12:31 AM
Is there anyway you could get someone to take your case for free until you settle the case or it goes to court and get a final judgement? I would hate for you to spend additional funds when there might be minimal chance for any settlement or judgement.
I guess I would keep pursuing an avenue to fix my teeth/bite if at all possible. There has to be someone out there that can help you.
I am so sorry this has happened to you. Hang in there.
Sincerely,
Michelle
I guess I would keep pursuing an avenue to fix my teeth/bite if at all possible. There has to be someone out there that can help you.
I am so sorry this has happened to you. Hang in there.
Sincerely,
Michelle
Carey
02-03-2004, 03:57 AM
Hi,
I havn't posted for a while, but I am at the beginning stages of trying to sue my anaesthetist for all my tmj hell. it began when I had foot surgery four years ago when i was 19. when the anaesthetist intubated me (put the tube down my throat) to be anaesthetised, i woke up and my tmj disc was totally displaced. my jaw clicked/popped etc. since then, i have had 5 surgeries to my tmj. 2 arthrocentesis (washouts of the joints, 2 arthroscopes which i found out that my disc was damaged beyond repair. and finally a discectomy 6 months ago, not to mention during this time my jaw was locked for three years with an opening of only 5mm. but since i have had my disc out my opening has doubled to 10mm, which is a great achievement for me. i still have the issue of severe tmj, head and facial pain as well as spasms. i am heaviliy medicated every night and have been for the past 3 years. i have tried every conventional method that i, my family and friends could think of, but to no avail.
my pain gets so severe that on 4 occasions i have passed out and been unconciouss for up to one hour.
i have not given up. i am 23 years old and will continue to fight this demon.
As for proving that he was negligent, well i am not holding my breath
because like you said, doctors stick together and cover up their mistakes.
Take care,
Carey :mad:
I havn't posted for a while, but I am at the beginning stages of trying to sue my anaesthetist for all my tmj hell. it began when I had foot surgery four years ago when i was 19. when the anaesthetist intubated me (put the tube down my throat) to be anaesthetised, i woke up and my tmj disc was totally displaced. my jaw clicked/popped etc. since then, i have had 5 surgeries to my tmj. 2 arthrocentesis (washouts of the joints, 2 arthroscopes which i found out that my disc was damaged beyond repair. and finally a discectomy 6 months ago, not to mention during this time my jaw was locked for three years with an opening of only 5mm. but since i have had my disc out my opening has doubled to 10mm, which is a great achievement for me. i still have the issue of severe tmj, head and facial pain as well as spasms. i am heaviliy medicated every night and have been for the past 3 years. i have tried every conventional method that i, my family and friends could think of, but to no avail.
my pain gets so severe that on 4 occasions i have passed out and been unconciouss for up to one hour.
i have not given up. i am 23 years old and will continue to fight this demon.
As for proving that he was negligent, well i am not holding my breath
because like you said, doctors stick together and cover up their mistakes.
Take care,
Carey :mad:
mdla
02-03-2004, 05:18 AM
Hi Carey,
I have been calling in the phone book to see if any attorneys would be interested in listening to my case, so far the statue of limatations seems to be working against me, but not totally. In cally you have a year from the time you realized what caused your injury, so its not the tmj and how it happened that is sticky with the attorneys, its when doctors finally told me this is surely how it happened that is the issue with them taking the case. Im frustrated, but I was told very clearly but a specalist in Oct. 2003 but until now have been so living in pain from day to day running from docs I was too scared to even call about it. I hope we both have the strength and get the help we need. Have you spoken to an attorney that is interested in helping you and have people in the medical field who can back you up? This is what Im being told I need to get is back up Im 26, so I understand, its a big life ruiner when you can't even go out on a date and none of your friends really understand this kind of pain.
I have been calling in the phone book to see if any attorneys would be interested in listening to my case, so far the statue of limatations seems to be working against me, but not totally. In cally you have a year from the time you realized what caused your injury, so its not the tmj and how it happened that is sticky with the attorneys, its when doctors finally told me this is surely how it happened that is the issue with them taking the case. Im frustrated, but I was told very clearly but a specalist in Oct. 2003 but until now have been so living in pain from day to day running from docs I was too scared to even call about it. I hope we both have the strength and get the help we need. Have you spoken to an attorney that is interested in helping you and have people in the medical field who can back you up? This is what Im being told I need to get is back up Im 26, so I understand, its a big life ruiner when you can't even go out on a date and none of your friends really understand this kind of pain.
mslilja
02-05-2004, 12:10 AM
I Had My Christesen Implants Put In In 1997. Full Implants Both Sides. This Past June I Had To Have The Right One Replaced Due To The Fact It Broke. I Am Know Looking Into A Product Liability Claim Againest Dr. Christensen Which Is Looking Real Good. Iam New To This Sight. Has Anyone Else Had A Problem With Breakage? Nice To Have Met All Of You!!! Mary
mslilja
02-05-2004, 12:11 AM
:jester: I Had My Christesen Implants Put In In 1997. Full Implants Both Sides. This Past June I Had To Have The Right One Replaced Due To The Fact It Broke. I Am Know Looking Into A Product Liability Claim Againest Dr. Christensen Which Is Looking Real Good. Iam New To This Sight. Has Anyone Else Had A Problem With Breakage? Nice To Have Met All Of You!!! Mary
Daphne1970
02-07-2004, 07:52 AM
Hello! My mom has been through hell for the past 3 years. Constant pain, etc. She had a Christensen Fossa implant on the right side. The surgeon that put it in wanted to do botox injections and told me that her pain was due to the fact she has severe arthritis and that the joint was burning out. Well, she obtained several second opinions and finally found a surgeon (Dr. Ness at OSU) to remove the implant. After surgery he informed us that the screws were loose and that the implant was moving around. Does anyone have any suggestions of what our next step would be? THanks!
mdla
02-07-2004, 09:43 AM
Hi,
I am so sorry to hear about your mom. I will help with providing any info I have. I don't know much about the christeean implants, this is a post I did over the holidays, about a TMJ Fossa thing that eventually proved to be bad, check out what the rest had to say in the full post called TMJ Fossa ......
I was spending my holiday doing more research of course and stumbled on this, I thought this TMJ impant stuff was done mostly in the 80's and like banned or something because of the bad negative results, I was suprised to read the apporval date on this was 2001, this was from the Center for Devices and Radiological Health or CDRH. this sounds bad, are they doing this on anyone by any doctors?
TMJ Fossa Eminence Prosthesis™ - P000035
This is a brief overview of information related to FDA's approval to market this product. See the links below to the Summary of Safety and Effectiveness and product labeling for more complete information on this product, its indications for use, and the basis for FDA's approval.
Product Name: TMJ Fossa Eminence Prosthesis™
Manufacturer: TMJ Implants Incorporated
Address: Golden, Colorado
Approval Date: February 27, 2001
What is it? The Fossa Eminence device is a metal implant that lines the skull portion (called the glenoid fossa) of the joint that attaches the jaw to the skull (called the temporomandibular joint, or “TMJ”).
How does it work? This device provides a smooth surface for the movement of the jaw as it is opened and closed.
When is it used? This implant is used when moderate to severe pain in the TMJ has not responded to noninvasive therapies such as medication, special appliances worn in the mouth, or physical therapy.
What will it accomplish? The Fossa Eminence is intended to reduce pain and increase the range of motion of the jaw.
When should it not be used? The implant should not be used if there is:
An infection in the jaw joints
If there is not enough bone to support the TMJ implant
If the patient is allergic to the implant material
If the patient severely grinds his or her teeth and might fracture the implant
If there is cancer in the head or neck area
If the patient will be unable to do the long term follow-up therapyI was spending my holiday doing more research of course and stumbled on this, I thought this TMJ impant stuff was done mostly in the 80's and like banned or something because of the bad negative results, I was suprised to read the apporval date on this was 2001, this was from the Center for Devices and Radiological Health or CDRH. this sounds bad, are they doing this on anyone by any doctors?
TMJ Fossa Eminence Prosthesis™ - P000035
This is a brief overview of information related to FDA's approval to market this product. See the links below to the Summary of Safety and Effectiveness and product labeling for more complete information on this product, its indications for use, and the basis for FDA's approval.
Product Name: TMJ Fossa Eminence Prosthesis™
Manufacturer: TMJ Implants Incorporated
Address: Golden, Colorado
Approval Date: February 27, 2001
What is it? The Fossa Eminence device is a metal implant that lines the skull portion (called the glenoid fossa) of the joint that attaches the jaw to the skull (called the temporomandibular joint, or “TMJ”).
How does it work? This device provides a smooth surface for the movement of the jaw as it is opened and closed.
When is it used? This implant is used when moderate to severe pain in the TMJ has not responded to noninvasive therapies such as medication, special appliances worn in the mouth, or physical therapy.
What will it accomplish? The Fossa Eminence is intended to reduce pain and increase the range of motion of the jaw.
When should it not be used? The implant should not be used if there is:
An infection in the jaw joints
If there is not enough bone to support the TMJ implant
If the patient is allergic to the implant material
If the patient severely grinds his or her teeth and might fracture the implant
If there is cancer in the head or neck area
If the patient will be unable to do the long term follow-up therapy
I am so sorry to hear about your mom. I will help with providing any info I have. I don't know much about the christeean implants, this is a post I did over the holidays, about a TMJ Fossa thing that eventually proved to be bad, check out what the rest had to say in the full post called TMJ Fossa ......
I was spending my holiday doing more research of course and stumbled on this, I thought this TMJ impant stuff was done mostly in the 80's and like banned or something because of the bad negative results, I was suprised to read the apporval date on this was 2001, this was from the Center for Devices and Radiological Health or CDRH. this sounds bad, are they doing this on anyone by any doctors?
TMJ Fossa Eminence Prosthesis™ - P000035
This is a brief overview of information related to FDA's approval to market this product. See the links below to the Summary of Safety and Effectiveness and product labeling for more complete information on this product, its indications for use, and the basis for FDA's approval.
Product Name: TMJ Fossa Eminence Prosthesis™
Manufacturer: TMJ Implants Incorporated
Address: Golden, Colorado
Approval Date: February 27, 2001
What is it? The Fossa Eminence device is a metal implant that lines the skull portion (called the glenoid fossa) of the joint that attaches the jaw to the skull (called the temporomandibular joint, or “TMJ”).
How does it work? This device provides a smooth surface for the movement of the jaw as it is opened and closed.
When is it used? This implant is used when moderate to severe pain in the TMJ has not responded to noninvasive therapies such as medication, special appliances worn in the mouth, or physical therapy.
What will it accomplish? The Fossa Eminence is intended to reduce pain and increase the range of motion of the jaw.
When should it not be used? The implant should not be used if there is:
An infection in the jaw joints
If there is not enough bone to support the TMJ implant
If the patient is allergic to the implant material
If the patient severely grinds his or her teeth and might fracture the implant
If there is cancer in the head or neck area
If the patient will be unable to do the long term follow-up therapyI was spending my holiday doing more research of course and stumbled on this, I thought this TMJ impant stuff was done mostly in the 80's and like banned or something because of the bad negative results, I was suprised to read the apporval date on this was 2001, this was from the Center for Devices and Radiological Health or CDRH. this sounds bad, are they doing this on anyone by any doctors?
TMJ Fossa Eminence Prosthesis™ - P000035
This is a brief overview of information related to FDA's approval to market this product. See the links below to the Summary of Safety and Effectiveness and product labeling for more complete information on this product, its indications for use, and the basis for FDA's approval.
Product Name: TMJ Fossa Eminence Prosthesis™
Manufacturer: TMJ Implants Incorporated
Address: Golden, Colorado
Approval Date: February 27, 2001
What is it? The Fossa Eminence device is a metal implant that lines the skull portion (called the glenoid fossa) of the joint that attaches the jaw to the skull (called the temporomandibular joint, or “TMJ”).
How does it work? This device provides a smooth surface for the movement of the jaw as it is opened and closed.
When is it used? This implant is used when moderate to severe pain in the TMJ has not responded to noninvasive therapies such as medication, special appliances worn in the mouth, or physical therapy.
What will it accomplish? The Fossa Eminence is intended to reduce pain and increase the range of motion of the jaw.
When should it not be used? The implant should not be used if there is:
An infection in the jaw joints
If there is not enough bone to support the TMJ implant
If the patient is allergic to the implant material
If the patient severely grinds his or her teeth and might fracture the implant
If there is cancer in the head or neck area
If the patient will be unable to do the long term follow-up therapy
mdla
02-07-2004, 09:45 AM
I guess the other big issues we have as rods against us is
1. Have to prove permanent damage (not too much of a problem I guess none of us can eat for goodness sake)
2. Have to prove negligence on the part of the doctor, that he/she or the device is responsible for our aliment
3. The bottom line a lawyer told me, is the case winnable if not they won't talk to you.
1. Have to prove permanent damage (not too much of a problem I guess none of us can eat for goodness sake)
2. Have to prove negligence on the part of the doctor, that he/she or the device is responsible for our aliment
3. The bottom line a lawyer told me, is the case winnable if not they won't talk to you.
antoni
02-07-2004, 01:58 PM
Hi MDLA,
Thanks for replying. I think proving "devices" or machines not working properly causing a problem is difficult. In my case, the prosthodontist is insisting that I had like a pre-existing bad bite, or propensity to TMJD that was there anyway. That the procedure(air abrasion fillings) is done routinely on most patients with NO PROBLEM and that my system is the problem. It's like which came first the chicken or the egg.
I met with the prosthodontist that did the repair work and he covered himself thoroughly. If he was honest he wouldn't have done any repair work and just said what's done is done and to go back to the original dentist that did the damage and deal with him about some sort of restitution. But once you get alot of dentists involved they blame each other and it goes on forever.
My main reason for not pursuing the lawsuit is the financial arrangement with the lawyer -- he's Not WORKING PRO-BONO or CONTINGENCY and I would be liable for ALL expenses even if I lose and I just don't want to take that risk.
I mean if he felt strongly enough I could win and get money for me, then he would be paid out of that money. But someone pointed out this could be a lawyer scam just to get money out of me for expenses knowing full well, the case at some point would be dropped by me as the dentists/insurance company lawyers would just keep things going back and forth forever.
Thanks for replying. I think proving "devices" or machines not working properly causing a problem is difficult. In my case, the prosthodontist is insisting that I had like a pre-existing bad bite, or propensity to TMJD that was there anyway. That the procedure(air abrasion fillings) is done routinely on most patients with NO PROBLEM and that my system is the problem. It's like which came first the chicken or the egg.
I met with the prosthodontist that did the repair work and he covered himself thoroughly. If he was honest he wouldn't have done any repair work and just said what's done is done and to go back to the original dentist that did the damage and deal with him about some sort of restitution. But once you get alot of dentists involved they blame each other and it goes on forever.
My main reason for not pursuing the lawsuit is the financial arrangement with the lawyer -- he's Not WORKING PRO-BONO or CONTINGENCY and I would be liable for ALL expenses even if I lose and I just don't want to take that risk.
I mean if he felt strongly enough I could win and get money for me, then he would be paid out of that money. But someone pointed out this could be a lawyer scam just to get money out of me for expenses knowing full well, the case at some point would be dropped by me as the dentists/insurance company lawyers would just keep things going back and forth forever.
Al4
02-08-2004, 08:05 AM
Hi MDLA,
In my case, the prosthodontist is insisting that I had like a pre-existing bad bite, or propensity to TMJD that was there anyway. That the procedure(air abrasion fillings) is done routinely on most patients with NO PROBLEM and that my system is the problem.
I met with the prosthodontist that did the repair work and he covered himself thoroughly.
Doctors and dentists would never admit their mistakes. In fact they teach them in medical textbooks how to deal with patients without ever admitting their mistakes. If they do, they think they will just invite a lawsuit. So, they find all kinds of excuses to obscure the situation, and blame the patient and everything else but themselves. Blaming pre-existing conditions and the propensity of the patient to TMJD (whatever that means) are their favorite excuses. I have heard it everywhere. The fact is you could have gone through life like millions of people with the so-called "propensity" to TMJ without ever actually having any problems. If things were not so stacked against the patient, these doctors should (and would) be taken to the courts. They can then play the excuse game until they are blue in the face.
In my case, the prosthodontist is insisting that I had like a pre-existing bad bite, or propensity to TMJD that was there anyway. That the procedure(air abrasion fillings) is done routinely on most patients with NO PROBLEM and that my system is the problem.
I met with the prosthodontist that did the repair work and he covered himself thoroughly.
Doctors and dentists would never admit their mistakes. In fact they teach them in medical textbooks how to deal with patients without ever admitting their mistakes. If they do, they think they will just invite a lawsuit. So, they find all kinds of excuses to obscure the situation, and blame the patient and everything else but themselves. Blaming pre-existing conditions and the propensity of the patient to TMJD (whatever that means) are their favorite excuses. I have heard it everywhere. The fact is you could have gone through life like millions of people with the so-called "propensity" to TMJ without ever actually having any problems. If things were not so stacked against the patient, these doctors should (and would) be taken to the courts. They can then play the excuse game until they are blue in the face.
mslilja
02-25-2004, 03:33 PM
I Have Had A Couple Of Meetings With A Group Of Lawyers In Denver.if Anyone Has Had Christensen Implants, And Is Within The Stautue Of Limitations In There State, And Has Problems Or Pain Please Let Us Know. We May Possibly Beable To Do A Class Action Suit!!! It Is About Time!! Thanks Mary
Kaylbe
02-28-2004, 05:05 AM
I have been calling in the phone book to see if any attorneys would be interested in listening to my case, so far the statue of limatations seems to be working against me, but not totally. In cally you have a year from the time you realized what caused your injury, so its not the tmj and how it happened that is sticky with the attorneys, its when doctors finally told me this is surely how it happened that is the issue with them taking the case.
Please check the language... I think the statute says a year from the time you knew OR SHOULD HAVE KNOWN the cause of your injury... It makes the entire situation even more ambiguous! --Kaylbe
Please check the language... I think the statute says a year from the time you knew OR SHOULD HAVE KNOWN the cause of your injury... It makes the entire situation even more ambiguous! --Kaylbe