QUESTION

Can I sue the oral surgeon who performed my 3 extractions?

Asked on Jan 24th, 2015 on Personal Injury - New York
More details to this question:
About 2 months ago, I had a terrible infection in a cracked tooth with a hole in it and one other bad tooth and a baby tooth. I am 23 years old. The oral surgeon I went to was very rude to me. I tried to explain my fear of dentists and what not and he literally ignored me. I requested to be sedated for the procedure and that's what I had set up the appointment for. I go in and get ready, his nurse and he barely say 2 words to me. My boyfriend and my sister were there. My sister saw his attitude first hand. They made her leave the room and began with the IV and pumping me with sedatives. The nurse told me I would feel tired. I sat there for 2 minutes trying to tell them I felt nothing and without even questioning or making sure I'm ok he just starts. Injects my gums with numbing agent and puts some breathing thing on me. I start literally having a panic attack because he just starts ripping my teeth out. I can feel almost all of it. I am completely aware of everything and not sedated. I can't breathe. I ask them to stop or tell them I can't breathe and they continue. I just cry and make it through. I am very unhappy at the end. He instantly cleans up everything and leaves and the nurse tells me to go in the little waiting room where I met up with my sister again and cried and told her everything. She recognizes I am completely functional and wasn't sedated at all. That was the worst day of my life and now they're trying to sue me because I refused to pay the $500, even though I can easily pay it whenever. I just really want to know if there is anything I can do about what happened or should I just pay up and move on.
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1 ANSWER

Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You can't sue someone for rudeness and as far as breach of contract is concerned, you have not paid, so you are even. Let him sue you, then counter-claim. When they give you a court date, serve him with a subpoena so that he has to show up instead of simply sending an office manager. Then when you are in court, have your say. You may lose, but you will have made him pay for treating you the way he did.
Answered on Jan 27th, 2015 at 6:57 AM

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