| 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
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