QUESTION
Would this be medical malpractice case?
Asked on Sep 18th, 2013 on Personal Injury - Michigan
More details to this question:
I took my daughter to the dentist,and they said she had a cavity that needed filling and she also needed a partial baby molar that needed to be pulled (tooth B). They filled the cavity first and when the dentist pulled her tooth, she realized that she pulled her adult molar. Realizing she did wrong,she put the tooth back in and it is now splinted and we are hoping the fibers reattach. In the long run,they explained she may need a root canal and also,if the tooth still fails to thrive,may eventually need a dental implant. They have offered us $2500 as compensation,but the implant alone(IF needed) will be more that that. I feel that it is nowhere near what she deserves. Not to mention,time missed from work for us(her parents) for her appts. Would this be a medical malpractice case? What should be our next step?
11 ANSWERS
Ronald A. Steinberg
Yes, you have a case. It probably does cost more than that to fix.
Answered on Sep 30th, 2013 at 2:14 AM
Yes, it is a dental malpractice case but one that an attorney probably would not handle because of the relatively small amount it its worth. An attorney might be willing to write a demand letter. You could try to reach a settlement on your own pointing out what the costs would be if the treatment is unsuccessful.
Answered on Sep 23rd, 2013 at 4:55 AM
William M Stoddard
Yes it is a medical malpractice case. The child need not settle the case until she is 20 years and less than 29 days old, but you have to settle for her within three years if you present the claim for her. That is why you have a problem. The need for the implant will not be know for more than the three years. This is called the Statute of Limitation. Parents have three years to settle for the child or the child must present their own claim when they are 18 and they have three years to settle it or start a law suit. You as parents after being qualified to do so must also start a law suit within the three years. The offer sounds like they know there exposure, but honestly I am not sure what the claim is worth.
Answered on Sep 23rd, 2013 at 1:06 AM
1 Award
It sounds as though your daughter's claim has merit. You will need to find a lawyer who handles dental malpractice matters to represent your daughter. The lawyer can tell you what the probable value of the claim is. There is a three-year statute of limitations for malpractice cases in Wisconsin, unless the child is under the age of seven, in which case the child has until her tenth birthday.
Answered on Sep 20th, 2013 at 2:21 AM
4 Awards
How horrible. This is a medical malpractice . You should hire counsel to assist you.
Answered on Sep 20th, 2013 at 2:20 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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It is a professional (dental) malpractice case. It can also be brought as a negligence case (your attorney will explain the difference). Right now, I would suggest waiting to see what will happen with the tooth. Just collect all the evidence of the damages caused by the dentist's mistake, while you can. If any witness accounts will be important for your case, get sworn affidavits from each witness; if you missed work, get a statement from your employer and save the paystub/bank deposit record for that week showing reduced earnings; etc. Involving an attorney is a good idea - to have proper guidance in collecting evidence and not miss something important, to have a serious discussion with the dentist or/and her insurance carrier, and so on. But it is not going to be easy to find an attorney who would agree to accept this case on contingency, especially at this stage, while you do not yet know the extent of the damages. You will have better chances of securing competent representation if you offer an attorney an hourly fee (it can cost you less, too, in the final count).
Answered on Sep 19th, 2013 at 4:54 PM
Edwin K. Niles
Get a free consultation with a personal injury lawyer. Special rules apply to malpractice claims.
Answered on Sep 19th, 2013 at 4:53 PM
Rex A. Ziebarth
yes, file a lawsuit
Answered on Sep 19th, 2013 at 4:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Tell them you will not accept a settlement until the tooth either grows back or it fails. It is too early to decide. But you expect them to pay all costs associated with getting the tooth to grow back. Your daughter has until she is 18 to file the suit, so you have some time.
Answered on Sep 19th, 2013 at 3:23 PM
Thomas Edward Gates
This is a malpractice case. You have several options, depending on whether you need the money for her care. You need not do anything while is is a minor and, then take legal action. Or, settle now with the worst case scenario happening, e.g., root canal and dental implant needed.
Answered on Sep 19th, 2013 at 2:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, and get a structured settlement that not only pays compensation for her harm, but also covers future treatment if required.
Answered on Sep 19th, 2013 at 2:09 PM