Is my wife's denstist negligent and can we sue?

Question

My wife began teeth whitening process which she was instructed by a dental assistant to apply solution 1 hour twice a day. This solution contained 21% carbamide. After 4 weeks she noticed that her gums were darkened (nearly black) on the top and bottom. She immediately contacted her dentist. Her dentists had never seen this reaction. Her dentist commented that she was leaving the bleach on much too long, it should have been only 20 minutes twice a day. Furthermore the caps were not cut short enough. The caps should not have been touching her gums. The dentist also reduced her solution to 15% carbamide. Her dentist said to try that to see if the discoloration will go away. She was also charged for this visit as well. Should we seek an attorney and sue for negligence?

Answer 1

I think "negligence" and "bad job" is not the same thing. Also, there is no evidence that 21% carbamide should not be used on patients. Apparently, this is standard practice. You should ask to remove the charges for the second visit. You can call a law firm on the phone and ask this question. This won't cost you any money to find out what they have to say to you. I'm not a specialist, but I'd say, switch to another dentist instead.

Answer 2

I don't see your wife's story as negligence. How is the dentist's action of reducing carbamide negilgent? He/she is trying to resolve the problem. It is one thing if you think you should not be charged for the 2nd visit, but it's another to claim medical negligence. How would you prove that the dentist is causing harm to your wife? There is no way that I, your wife's dentist, physician, or any other dentist can predict such an adverse effect of carbamide peroxide on the gingiva.

If your wife is having an adverse reaction to the peroxide, then by all means stop using it; bleaching is an elective procedure and can be discontinued or restarted anytime. Get a 2nd opinion if you don't agree with the dentist. Patients have rights, yes, but don't be so quick to blame and sue.

Answer 3

If you really want to pursue this, I would suggest going for an attorney that offers a free initial consultation. I don't understand the negligence part though, was there actually pain and suffering? I really do wish you could understand that people make errors, nobody is perfect. (i.e. the pharmacists who fill prescriptions occassionally make errors and sometimes those turn out deadly). I really think that yall should evaluate the situation. Also, I would have argued with the bill because that I do this is there fault.

Answer 4

Just cool your jets a bit and see if the color returns to normal in a few weeks. If so, no harm done. You would also be in the position of proving that the assistant said "one hour" instead of 20 minutes. If she says that she instructs in bleaching several times per week and "always" says 20 minutes, then it would be difficult to prove that she deviated fromher usual procedure. Perhaps she gave some written instructions that specified a time and you could show that...?

Answer 5

The first thing I would do is begin as much documentation as possible.

Then, contact your state board of dental examiner's office and ask how to file a formal complaint. Follow their directions and file a complaint. Wait until the investigation is complete a a ruling is made. If you still want to sue, you should do so after the state board has concluded their investigation.

Answer 6

they're only after a short dollar and it is precisely this kind of element tearing childhood faraway from toddlers. the position i'm electorate who've moved in next to a good wide-spread college that has been on the area for over 100 and fifty years have had the toddlers taking section in at recess and lunch banned because the sounds disturbed them. the college that makes their residing house more advantageous useful. they have also had toddlers banned from the park without adults recent because the "gangs" strengthen the "worry of crime." The park that been close to will strengthen their houses fee. there have been 0 reported crimes in that park for virtually 5 years, the severe one replaced right into a strive against over vehicle parking... i ought to in my opinion say this has no advantage and in the journey that they don't opt for to be round toddlers, stay faraway from public parks.

Answer 7

if you have solid proof that the dentist said that, eg. a tape or written instructions, otherwise it could just be chalked up to your wife miss- hearing or miss-understanding the dentist's instructions.
he's not admitting guilt, just changing the solution mixture to see if that solves a problem your wife has with her gums

Answer 8

I agree with the earlier poster who said to get a second opinion.
It makes no sense to sue if the condition corrects itself. Stop using this product until you ask your dentist LOTS of questions....

Answer 9

I don't know about a law suit, BUT you shouldn't have to pay for ANY visits related to this matter. Demand a refund for this last visit, and tell your dentist you expect this to be resolved without further charges.

Answer 10

DARIUS,
FROM A LEGAL STANDPOINT UNFORTUNATELY AN ATTORNEY WON'T TAKE YOUR CASE. IF YOU WANT TO DO ANYTHING USEFUL, TALK TO THIS DENTIST ABOUT EXACTLY WHAT HAPPENED, AND MAYBE THESE INSTRUCTIONS WILL NEVER BE GIVEN TO A PATIENT AGAIN.