QUESTION

Do I have a dental malpractice case?

Asked on May 06th, 2013 on Personal Injury - Michigan
More details to this question:
I had my upper teeth removed and 2 on the bottom on December 4th 2012. I have had more than 15 tooth chunks come out of my gums. I took pictures for proof. I have no feeling in my lower right gum line. I have 3 open sores all the way to the jaw bone the dentist didn't look in my mouth until the 4th reliner was put in. I have lost 20 lbs. I can not eat with or without my dentures. I have been on eggs all this time and I can hardly stand the constant pain I am in.
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14 ANSWERS

It sounds as though you do have the basis for a suit; see a dental malpractice attorney as soon as you can.
Answered on May 10th, 2013 at 3:06 AM

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First and foremost, you need to find a better dentist, as soon as humanly possible. Your current dentist has done a shoddy job and does not care enough to even take a look when something, definitely, went wrong. If the need more reasons to change the dentist, let me give you a legal one: if your case ever comes to court, the dentist's attorney will argue that your behavior contradicts your claim, that you felt you were receiving good care - otherwise, any reasonable person would have gone to another dentist! Getting another specialist to evaluate your condition and give you a proper treatment is also necessary if you wish to properly document the results of the procedures done by your current dentist and to establish his fault. So make it your overriding priority to find the best dentist you can. Get treated, get better. When your treatment is underway, then you can look for a malpractice attorney.
Answered on May 10th, 2013 at 3:03 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Whether malpractice occurred is a medical/dental question for a dentist to answer. Below are general requirements for a malpractice case. Substitute "dentist" for "doctor/nurse". To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.
Answered on May 10th, 2013 at 2:57 AM

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Yes, it sounds like you have a good case if you can find another dentist to testify against the first dentist.
Answered on May 10th, 2013 at 2:52 AM

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Ronald A. Steinberg
Don't you think that you should consult with a dentist? How is a lawyer supposed to know what is to be expected following such significant dental work as you have described. If a dentist says that the other guy was wrong, then get a lawyer.
Answered on May 09th, 2013 at 3:07 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Get your entire chart from dentist 1 and take it to dentist 2 and ask that question of him. That is required of all such suits have you talked to dentist 1? What does he say? Has he reported this to his insurance co?
Answered on May 09th, 2013 at 2:30 PM

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James Eugene Hasser
You will have to have another dentist willing to testify under oath that your dentist failed to follow proper protocol. Consult a lawyer that does medical malpractice cases. They typically have doctors willing to review the records for malpractice cases. Good luck.
Answered on May 09th, 2013 at 2:23 PM

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Michael Eric Wasserman
The complications or damages from dental treatment alone do not determine if there is a malpractice case. It is necessary for a dentist to review your treatment and status to determine if there is a viable case for professional neligence.
Answered on May 09th, 2013 at 2:45 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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You need to contact an attorney to find you another dentist who can be an expert to examine you and ascertain whether your current dentist committed malpractice by doing something that fell below the applicable standard of care.
Answered on May 08th, 2013 at 6:48 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Only another dentist could actually answer that question, and the way the question would be asked is: did the dentist who performed the extractions fail to comply with the accepted standard of practice? Many times dental procedures develop complications and difficulties no matter whether or not proper procedures were followed.
Answered on May 08th, 2013 at 6:45 AM

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Christian Joseph Menard
Whether you have a dental malpractice case wool depend inn what an independent dental expert has to say about the treatment you received. I suggest you get copies of all your dental records, including all imaging studies, and have them reviewed by another dentist who would be willing to testify on your behalf. The dentist will also have to exam your mouth and teeth for his/her opinion.
Answered on May 08th, 2013 at 6:44 AM

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Thomas Edward Gates
Contact a personal injury attorney to assist you.
Answered on May 08th, 2013 at 6:42 AM

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Personal Injury Attorney serving Milwaukee, WI
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It is possible that you might have a claim that can be won, but the only way to determine that will be to retain a lawyer to investigate your potential claim. The dentist and his or her professional liability insurance company will only be liable for damages if you can prove the dentist failed to exercise reasonable care for you. It takes some work for a lawyer to determine that. The statute of limitations for your potential claim will expire three years from the date of the dental procedure.
Answered on May 08th, 2013 at 6:34 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It sounds like you may have a case. Take all the details and see an attorney who specializes in dental malpractice.
Answered on May 08th, 2013 at 6:26 AM

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