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Old 02-14-2006, 02:55 PM   #1
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Dental Lawsuit

Anyone ever had to sue a dentist for pulling a wrong tooth that could have been fixed?

 
Old 02-14-2006, 06:38 PM   #2
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Re: Dental Lawsuit

Not that I have heard of. I dont know what the "damages" would be... Its not like the loss of a tooth is life-threatening. People are too eager these days to go after those that are there to provide help. Dentists, doctors, etc. cant always be perfect, everyone does make mistakes. There are also such a wide variety of opinions out there, that it would be quite difficult to "prove" that it was the wrong thing to do.

 
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Old 02-14-2006, 10:48 PM   #3
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Re: Dental Lawsuit

What if they do a procedure that they describe differently? For example I had posted about the so-called "gum surgery" I was told I was having the dentist said was required prior to doing the bridge, so I thought the procedure entailed cutting/moving my gum to make more room for the bridge to fit since it was supposed to be over a 4 teeth area.

AFTER the procedure she casually tells me she had sawed down part of my jaw! I freaked out and never went back, this was last July and to this day every 2-3 weeks the lady from the office calls asking me to sign papers that are so that I do not bring a lawsuit otherwise they threaten me they will not remove the charges for the bridge they had charged anyways even though I never got them. It was I either signed the release form or they would not remove the charges they had sent to collections for the bridge I never got.

Finally a week ago I succeeded in my dispute with the collection agency and had a 3rd party do an investigation as evidence I never had the bridge and forced them to remove the charges without signing the release form. I still have messages from their office on my answering machine saying that if I didn't sign the release forms they were not going to drop the charges for the bridge!

They don't care about me, yet I am putting so much thought if I should sue them. NONE of the "gum surgery" was covered by my insurance, after paying for it I couldn't afford the bridge and the INSURANCE COMPANY@@ after the fact deemed it was an unnecessary procedure when they too investigated about them charging me for the bridge I never got, and of course it helped that they sent a detailed letter clearly stating I never got the bridge and had their staff "legal" dentist sign off on it which helped me to get it removed from a collections account (had lowered my credit, messed it all up all for the dentists greedy reasons).

Dentists should not take advantage of patients who do not know about dentistry and should stop performing procedures without thoroughly explaining them to their patient, and basically should stop screwing them over. If it takes a court to teach some of the dentists about this, then that's what it takes for them to stop. I'm all in favor of lawsuits when there is injustice involved. It keeps people in check who otherwise get away with whatever they want to.

As far as a dentist pulling the wrong tooth that could have been fixed, not clear on what you mean ohhhHummm. Do you mean another tooth was the one that was supposed to have been pulled, and the one that got pulled was the one that was supposed to have been fixed, so it was a mix-up? Or did you get your tooth pulled because your dentist thought it couldn't be saved, but another dentist told you it could have?

If it was an honest case of bad judgement, then I think the dentist doesn't deserve to get sued and desrves some slack, especially since they would make more money from a "fixing" procedure than pulling it out. But if it's the first case where they made a big mistake like mixing up the procedures on what to do to which tooth, then you might be entitiled to have things settled in court if the dentist doesn't want to settle with you outside of it. If someone accidentally doesn't stop at a stop sign, the cop doesn't say well, it was a mistake they won't do again.Instead he writes up a citation so they'll be more careful next time - a win-win situation for the driver to be more careful and for other drivers not to get into an accident by his careless driving.
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Last edited by BoardBabe; 02-14-2006 at 11:15 PM.

 
Old 02-15-2006, 05:39 AM   #4
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Re: Dental Lawsuit

BoardBabe, I can see how you would be entitled to something after that nightmare. You should absolutely have been told up front what was being done to you. There is no excuse for that... its not like being in a major surgery and the doctor finds a major problem and fixes it to save your life. I hope that your situation works itself out to your benifit (though nothing erases the pain you go through). I just dont like the whole court deal. Ive gone through my share, and it was a nightmare. The cost to both sides is horrendous - the only ones who win are the lawyers!
What you say about the bad judjement is what I was reffering to... everyone will have differing opinions (just look at all the posts about one dentist says someone needs a root canal, and the next says there is nothing wrong). I dont think that all these guys are out to make a buck off their patients, but certainly there can be some bad ones out there (as with every profession). If a problem comes up, it is SO much better to get things settled out of court whenever possible. Bad things happen, and sometimes we need to just let it go as that.

Last edited by SportHorse; 02-15-2006 at 05:40 AM.

 
Old 02-15-2006, 02:06 PM   #5
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Re: Dental Lawsuit

Medical lawsuits REQUIRE two things to be PROVEN to succeed.

The first is negligence.
The second was harm.

Any damages stemming from the latter two would have to have sufficient evidence supporting them. In other words, it's tough. I can understand your pain, and anger, but probably the best idea would just be to never go back to that particular dentist.
Best of luck

 
Old 02-15-2006, 02:27 PM   #6
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Re: Dental Lawsuit

That's good advice Timmay, I guess the dentist holding back info as far as the procedure she was doing, wouldn't be considered negligence...and I don't think she wanted to harm me, but just wanted to make a buck which she did...I guess I should put it behind me for good and move on.
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Old 02-15-2006, 05:57 PM   #7
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Re: Dental Lawsuit

just FYI you can search "gum surgery" -you'll find that it includes other things than just cutting/moving gum tissue around.

[We are asked to not direct others how to look for things on the internet with search engines etc. Please read more about this by clicking the "Posting Rules" above. Thanks - Well-come Moderator.]

Last edited by Well-come; 02-15-2006 at 07:11 PM. Reason: Clarification

 
Old 02-15-2006, 10:52 PM   #8
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Re: Dental Lawsuit

Did you get a second or third opinion from other dentists regarding the proposed procedure? If it's anything more complicated or involved than a simple tooth extraction it's a good idea and can help you make a decision about whether to have the procedure done and/or which dentist you want to do it. Did you sign a consent form stating that you consented and understood the procedure. If you weren't offerred one you should have been and could use that in your case.

 
Old 02-16-2006, 05:38 AM   #9
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Red face Re: Dental Lawsuit

I Have Gone Through A Similar Situation For 3 Years. My Dentist Disclocated My Jaw While Removing An Impacted Wisdom Tooth. My Jaw Was Locked Shut For 3 Months. I Have Had 2 Surgeries And Various Other Medical Treatment Which I Am Still Receiving. Your First Step Is To Report It To The Dental Board Of Your State. If They Feel It Warrants An Investigation They Will Proceed. If Disciplanry Actions Are Taken The Dentist Could Be Put On Probation. Also If An Investigation Begins They Will Check The Dental Records And He/she Could Be Fined For Their Records. It Is Very Difficult To Prove The Dentist Was Negligent. I Was Told "it Could Happen" It Is A Known Risk. My Dentist Never Had Me Sign A Consent Form Saying "it Is A Known Risk". But I Still Couldn't Get Him On Negligence. There Is A Site Where You Can Check Any Professionals License To See If They Have Any Claims Against Them. I Always Check Before Going To Any Dentist. I Definately Would Contact Your Dental Board - You Have Only 3 Years To Put Any Kind Of Case Together - Believe Me It Goes By Quickly. Regardless If You Win Money - Your Dentist Should Be Reprimanded By The Board Of Dentistry. Search The Web For Liscencing Boards Etc. Let Me Know What Happens

 
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