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I am a dental assistant and I hear all the time about people wanting to or actually doing one of these. I am curious what alot of these lawsuits are about. Is is because of a difference of opinion (like over the doctors fees or a bill) or is it that they actually did something really unethical? I am not judging, just curious what the basis of the lawsuits are and how the case or complaint ended?

2006-08-09 13:38:21 · 5 answers · asked by LittleMermaid 5 in Health Dental

5 answers

I was sued one time about 20 years ago. A patient who did not speak English came as a walk-in patient on a Saturday at about noon. He was in agony with a toothache. I took an x-ray and found that his lower 2nd molar was abscessed. He did not have a fever and he did not have any facial swelling. Since he had amazingly long and curved roots, I wanted to send him to the oral surgeon. (Yes, the surgeon still worked on Saturday's back then also.) Unfortunately, it was now about 12:30 and the surgeon's staff had already left, so he said it would have to wait until Monday. I tried to explain this to the patient and he couldn't do anything but cry and shrug his shoulders and point at his tooth and say, "Please, please. Out. Please." I told him a few things about the risks related to his curved roots and the mandibular nerve, but of course this was a waste of time. He said something like, "I go tomorrow," and I figured that he was leaving town or something. I sectioned the molar and teased out the roots in a very favorable and (I thought) atraumatic manner. Less than a month later, I heard from his lawyer in a different state. The patient was still numb. I called my malpractice carrier and put them in touch with the lawyer to find out what was going on. The guy said that his "mouth feel like wood," but he said that his ENTIRE mouth felt like wood, including the opposing side! I told my insurance carrier that we needed to wait more than a month to allow the parasthesia to pass and we also needed a dental evaluation that supported the patient's allegations. Instead of dragging their feet, ,my carrier arranged for a consult in about a week (if I remember) and said that the patient was indeed numb and it seemed to cross the midline. I said that we had to go to court and contest this, because there was not likely mechanism for this to happen. Not to mention, with a little more time, his feeling might return. Not to mention, I had done a very nice extraction that I felt was within the standard of care, even when judged on the basis of specialty care. Maybe the damage was from the injection, having nothing to do with the surgical technique. My carrier then told me that the guy had offered to settle for less than it would take to even appear in court and they wanted to pay it. It was "barely" into five figures. My guy said that it sounded like he wanted me to pay for his move out of state and that was about it. In other words, it was a very low settlement. I did not like the fact that I would then be listed in the database, but they convinced me that this would be no big deal.

Technically, I had failed to inform the patient of the risks, because he was unaccompanied and I was not able to communicate with him, so it might not have been the cakewalk in court i was expecting. (This was 20 years ago, so I'm not sure if informed consent was such a hot issue.)

In any event, that's my story and I thought you might be interested in hearing it. If I tell it again tomorrow, some of the details will change, I'm sure, but that's pretty much as I remember it.

2006-08-09 18:10:11 · answer #1 · answered by Picture Taker 7 · 0 0

there's no negligence right here in any respect. Your first fillings got here across decay deep down close to the basis. The Dentist might have put in an antiseptic filling formerly the conventional filling, optimistically this could have settled it down. it does no longer continually gain this, because it relies upon how badly the decay had affected the nerve. it extremely is quite a hazard ( and it has handed off to me) that the sheer act of doing the filling can set up an infection because of the fact the the tooth has been disturbed. you will possibly have ended up with an abscess whichever Dentist did the scientific care. Metronidazole makes me sick as properly, it extremely is an exceptionally good antibiotic. you are able to ask your Dentist for Amoxicillin. interior the interim: Take 2 Ibuprofen and a pair of hours later take 2 paracetamol, 2 hours later take 2 Ibuprofen, 2 hours later take 2 paracetamol. do no longer take greater suitable than 8 of each and every an afternoon and continually with nutrition. this could tide you over till you get to the Dentist on Tuesday. If i presumed you have been the sufferer of negligence i might aid you already know, yet like me you have in basic terms been unlucky. good success. uk former Dental Nurse

2016-11-04 05:57:06 · answer #2 · answered by Anonymous · 0 0

In my 15 years in dentistry, I've only seen a couple of dentists who deserved to be sued. Mostly, there are differences in approach and treatment, rather than obvious malpractice.

The most recent one was a doctor educated in Russia. He moved to the Northwest USA and practiced in an area with many Eastern European immigrants. Three of his former patients came to us to correct faulty implants he had done. One of the patients had a cantilevered bridge supported by the implant tooth! The implant was failing and the bridge was flapping like a flag in the breeze. The patient had paid him thousands of dollars for this work.

He was clearly taking advantage of people because he could speak their language and they trusted him. The dental work he did was a nightmare. When the lawyers began to come at him, he moved, sold his assets and hid like the chicken he was.

Other than a few extreme bad-guys, most of the disputes between dentists and patients could be solved if everyone realized there are many ways to fix dental problems. A patient who is well informed (and knows their options) makes better decisions and is less likely to be unhappy with their choices.

2006-08-09 14:31:11 · answer #3 · answered by emmalue 5 · 0 0

No but I probably could have. When my daughter was having an extraction, the dentist actually cut all the way through her tongue. I guess if my insurance would not have paid I would have made him foot the bill, but thats it. I am so sick of all these stupid lawsuits. Like the lady who burned herself on coffee at McDonalds and won millions. Idiot, anyone knows that coffee is hot.

2006-08-09 16:07:13 · answer #4 · answered by Beth 5 · 0 0

Personally, no. I stopped taking my daughter to a pediatric dentist because he brushed me off when I had a concern about her mouth. Nothing to get in a tizzy about though.

I did help a friend draft a complaint letter about a ped dds a while ago. I also took it to work with me and gave it to the head of our Complaints and Grievances department. (I work for a dental insurance administrator of Medicare and Medicaid. We have to pass stuff like that on.) When I told her who the dds was, she took the letter to add to our already lengthy file on him. He was kicked out of the Medicare/Medicaid network for insurance fraud. What he did to my friend's son was just unforgivable.

2006-08-09 15:48:33 · answer #5 · answered by CCTCC 3 · 0 0

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