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Old 01-30-2004, 10:04 AM   #1
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antoni HB User
TMJD malpractice suits

I am wondering has anyone out there brought a lawsuit for their tmjd brought on by medical or dental malpractice?

Thanks alot.

A

 
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Old 01-30-2004, 02:59 PM   #2
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Michelle W HB User
Re: TMJD malpractice suits

No, I think it would be impossible to prove myself.

 
Old 01-30-2004, 03:33 PM   #3
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Cymy Sue HB User
Re: TMJD malpractice suits

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

 
Old 01-30-2004, 05:50 PM   #4
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antoni HB User
Re: TMJD malpractice suits

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.

 
Old 01-30-2004, 09:32 PM   #5
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Michelle W HB User
Re: TMJD malpractice suits

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

 
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