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Medical and Health Care Malpractice Includes Doctor, Dentist, Druggist, Hospital and Nursing Home Malpractice



               


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  #1  
Old 11-13-2008, 01:18 PM
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Cosmetic Dental - Bad Veneers


What is the name of your state (only U.S. law)? California

I just had my veneers done yesterday and was extremely unhappy with the result... even the temporary veneers I had were better than this! Here's what happened:

The dentist had me sign an agreement in the very beginning saying that "no matter what happens later, I will be responsible for the problems it might bring to the veneers" and yesterday another agreement saying something like "these teeth all look good" BEFORE he cemented them on. He put all the veneers there on my teeth w/o cement so they were kind of loose and I guess it's the reason why I didn't see very clearly. BUT, after he cemented them on, at one point he refused to let me see the mirror (saying he's not done yet while his assistant attempted to hand me the mirror), I was too painful to care too much, but now all the teeth are tilted to the right, and it's kind of obvious to me because I never had tilted teeth before, even though my teeth weren't perfect. (I'm not sure if it's because the way he cemented on was bad or the veneers themselves are bad) but I am pretty sure I didn't see them the way they were before. I was in a lot of pain and I complained the veneers were still too long, and he told me to wait a few days to let my lips to get less swollen (they aren't swollen anymore) and judge whether the teeth are still too long. But now I also see my veneers are not the same shade they should be, and there are also 2 veneers that aren't big enough to cover my teeth, making it a gap between my gum and veneers... sigh... although these teeth are on the side, but I paid so much because I didn't want mediocre work, this is way out of expectation. Can I sue him? He made me sign all the papers before he cemented them on. I called him last night to discuss my problems and all I heard was "I will do any adjustment to your teeth" but the thing is, they are all tilted the only thing I can do now is to take them off and cemented new ones back again, which I m pretty sure he wouldn't do because it costs so much time and money, and I'm pretty sure he would say I OKed the teeth myself (when I approved them, my gum were a bit swollen from last time so I didn't see the gaps). I think because he knew I was leaving the States in a short time, so he just rushed everything to make more money from me. And by the way, is it true that a dentist shouldn't perform any cosmetic dental work if my gum was a bit infected?

Please... tell me if it's possible to sue him?... As I'm also leaving the States soon... I don't know what to do.



I think I should've considered it way more carefully before I had my veneers replaces, now I really regretted doing it and it costed me $12000+, if I were given a second chance, I WOULD NOT do it because it's like spending a lot and it's not even something I would love and I'm scared now because damages are done and I'm only 25!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
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  #2  
Old 11-13-2008, 01:46 PM
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dental treatment


Quote:
Originally Posted by ghost000 View Post
What is the name of your state (only U.S. law)? California

I just had my veneers done yesterday and was extremely unhappy with the result... even the temporary veneers I had were better than this! Here's what happened:

The dentist had me sign an agreement in the very beginning saying that "no matter what happens later, I will be responsible for the problems it might bring to the veneers" and yesterday another agreement saying something like "these teeth all look good" BEFORE he cemented them on. He put all the veneers there on my teeth w/o cement so they were kind of loose and I guess it's the reason why I didn't see very clearly. BUT, after he cemented them on, at one point he refused to let me see the mirror (saying he's not done yet while his assistant attempted to hand me the mirror), I was too painful to care too much, but now all the teeth are tilted to the right, and it's kind of obvious to me because I never had tilted teeth before, even though my teeth weren't perfect. (I'm not sure if it's because the way he cemented on was bad or the veneers themselves are bad) but I am pretty sure I didn't see them the way they were before. I was in a lot of pain and I complained the veneers were still too long, and he told me to wait a few days to let my lips to get less swollen (they aren't swollen anymore) and judge whether the teeth are still too long. But now I also see my veneers are not the same shade they should be, and there are also 2 veneers that aren't big enough to cover my teeth, making it a gap between my gum and veneers... sigh... although these teeth are on the side, but I paid so much because I didn't want mediocre work, this is way out of expectation. Can I sue him? He made me sign all the papers before he cemented them on. I called him last night to discuss my problems and all I heard was "I will do any adjustment to your teeth" but the thing is, they are all tilted the only thing I can do now is to take them off and cemented new ones back again, which I m pretty sure he wouldn't do because it costs so much time and money, and I'm pretty sure he would say I OKed the teeth myself (when I approved them, my gum were a bit swollen from last time so I didn't see the gaps). I think because he knew I was leaving the States in a short time, so he just rushed everything to make more money from me. And by the way, is it true that a dentist shouldn't perform any cosmetic dental work if my gum was a bit infected?

Please... tell me if it's possible to sue him?... As I'm also leaving the States soon... I don't know what to do.



I think I should've considered it way more carefully before I had my veneers replaces, now I really regretted doing it and it costed me $12000+, if I were given a second chance, I WOULD NOT do it because it's like spending a lot and it's not even something I would love and I'm scared now because damages are done and I'm only 25!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
With cosmetic treatment, as you described, there should be pro-treatment photos, and post treatment photos. There should also be study models of your mouth pre-treatment, so that you would have had an idea of what the treatment end result would be.

From what you are writing your treatment is not acceptible and would be considered below the standard of care, that would indicate a negligence, and a financial harm to you.

If what you say is corect, and please forgive this caveat as I haven't seen the case nor have I had a chance to see the dentist's documentation, they you need to see an attorney to discuss this matter, and have the attorney get you to a specialist who would be willing to document and testify that the treatment was below the standard of care.

I have seen too many bad veneer cases where the dentists didn't have a clue as to what they were doing and the results are horrendous and the potential harm done, with veneers that don't fit properly at the gum line, can be a very problematic.

I also don't know what this dentist's qualifications are, how many cases he has treated, and whether or not he has had similar results in the past.
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  #3  
Old 11-13-2008, 02:01 PM
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Bad Veneers


Hi Barry,

Thanks for your reply, but is it still possible to sue him if I signed two agreements? Anyway, I don't really know what went wrong in the process, but the temporary veneers he gave to me was somehow more centered than this. Yesterday I went there and they were saying the lab are still working on the veneers! Because I told him I was going to leave for NY next week, so he rushed the order for me, I'm not sure if the impression wasn't taken right so the veneers are tilted or is it possible that he didn't cement them right?? He seems to be reputable, I saw celebrities on his website, and people with different situations went to him as well. that's why I was willing to spend so much but only to find out it's totally crappy... sigh... I'm so worried I'm afraid that the veneers will make a lot of problems in future, and my original teeth were already chipped down... I really feel like crying at this point. But my biggest problem is I don't have enough time. I don't know what I can do... I called him and he said he might not be able to meet with me before I go to NY for work (which is next Monday) since he's going to a seminar this thurs/fri, I mean he should even provide me time in the weekend if it's his problems? He said he will see if he has the time. Sigh... should I see another dentist to get opinions or should I go to a lawyer? I don't even think I'll have enough money to hire an attorney if I don't even know if it's his problem... how can I do this? Should I be informing the dentist that I will want to take legal actions or... should I talk to an attorney first?

Thanks in advance!
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  #4  
Old 11-13-2008, 02:10 PM
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dental


Quote:
Originally Posted by ghost000 View Post
Hi Barry,

Thanks for your reply, but is it still possible to sue him if I signed two agreements?

IF you signed binding arbitration that is what might have to be done, but that is quicker and less expensive then going to court

Anyway, I don't really know what went wrong in the process, but the temporary veneers he gave to me was somehow more centered than this. Yesterday I went there and they were saying the lab are still working on the veneers!

If he cemented the veneers, then I am wondering why the lab is still working on them. That doesn't make sense. Seems he might be acknowledging the problems and the lab still had the models to do a remake.


Because I told him I was going to leave for NY next week, so he rushed the order for me, I'm not sure if the impression wasn't taken right so the veneers are tilted or is it possible that he didn't cement them right??

Both are possible. In order to treat a cosmetic case, it becomes important to have proper impressions and proper measurements so the lab can make the veneer properly and have a proper alignment of the models that accurately portrays your mouth and your mouth in relation to your face.


He seems to be reputable, I saw celebrities on his website, and people with different situations went to him as well. that's why I was willing to spend so much but only to find out it's totally crappy... sigh... I'm so worried I'm afraid that the veneers will make a lot of problems in future, and my original teeth were already chipped down... I really feel like crying at this point. But my biggest problem is I don't have enough time.

I don't have an answer for your lack of time, but that is a problem when a dentist wants to correct a problem and the patient isn't available.


I don't know what I can do... I called him and he said he might not be able to meet with me before I go to NY for work (which is next Monday) since he's going to a seminar this thurs/fri, I mean he should even provide me time in the weekend if it's his problems?

He can only work with his lab and with his schedule and your schedule.

He said he will see if he has the time. Sigh... should I see another dentist to get opinions or should I go to a lawyer? I don't even think I'll have enough money to hire an attorney if I don't even know if it's his problem... how can I do this? Should I be informing the dentist that I will want to take legal actions or... should I talk to an attorney first?

Thanks in advance!
Malpractice lawyers take cases on contingency, so you shouldn't be out funds for the consultation. You would then have to have a consult with a specialist to determine if your treatment was below the standard of care.
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  #5  
Old 11-13-2008, 03:23 PM
lya lya is offline
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There is something about a stronger power (the dentist) not being able to bully a lesser power (the patient) into arbitration as the sole remedy. The dentist has a team of attorneys available to him via his liability insurance and possibly other attorneys as well. You do not have an attorney.

If your teeth as as you say they are, it should be apparent to any attorney with whom you consult. Perhaps an attorney will be willing to lean on the dentist and get your problem solved in time for you to travel.
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  #6  
Old 11-13-2008, 04:36 PM
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Sorry I think I made it confusing. I went to the dentist office yesterday and they told me to wait because the lab wasn't done with the veneers yet. So i waited, and I was just wondering if it was a rush so they just made whatever... or maybe because last time they didn't really make a good impression on my teeth since my gum was sore and painful when they did the impression SINCE I was told my gum was a little bit infected and sensitive so I felt so painful when they did the impression (how they pressured onto my teeth), but if my gum was infected, wouldn't it be not quite appropriate to let me make an impression because my gum will heal in the future and it might not look the same as when it was sore and swollen?

Also, I just signed 2 papers but I signed them before the teeth were cemented, IF the teeth now look tilted because of a fault the dentist has made during the cementing process, then is it reasonable to sue him? I know I can only do so much as I don't have knowledge in teeth, so I can't know for sure what went wrong. Is there a range, like about how much time/money I will need if I were to sue him? And how would an attorney charge after the free consultation?
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  #7  
Old 11-13-2008, 04:39 PM
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Quote:
Originally Posted by lya View Post
There is something about a stronger power (the dentist) not being able to bully a lesser power (the patient) into arbitration as the sole remedy. The dentist has a team of attorneys available to him via his liability insurance and possibly other attorneys as well. You do not have an attorney.

If your teeth as as you say they are, it should be apparent to any attorney with whom you consult. Perhaps an attorney will be willing to lean on the dentist and get your problem solved in time for you to travel.

So according to what you said, it's possible to still sue him after I've signed those agreements (IF a specialist tells me that it might be the dentist's fault)? And should I ask for documents, like before & after photos, the impression... from the dentist myself or it's the job of the attorney... I guess I will talk to an attorney first... anyway, would the specialist be willing to be the "witness"?
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  #8  
Old 11-13-2008, 06:42 PM
lya lya is offline
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Quote:
Originally Posted by ghost000 View Post
So according to what you said, it's possible to still sue him after I've signed those agreements
I believe I am correct in stating that the law provides protection from those with little ability to afford legal backing from those with much ability to afford legal backing, allowing lawsuits instead of binding arbitration.

Quote:
(IF a specialist tells me that it might be the dentist's fault)?
No; a medical expert must review and opine that the dentist is at fault (negligent).

Quote:
And should I ask for documents, like before & after photos, the impression... from the dentist myself or it's the job of the attorney...
The attorneys with whom I am familiar prefer to request and obtain the records. This site's advice is to obtain the records and take them to an attorney. Thus, I cannot answer your questions. Ask while you are scheduling a consultation appointment with an attorney.

Quote:
I guess I will talk to an attorney first...
Good plan.

Quote:
anyway, would the specialist be willing to be the "witness"?
Ask him; but, be prepared to hear, "no". Most healthcare professionals are not willing to testify against those in their locale. It is in everyone's best interest for the medical expert to have no ties to the community; keeps the golf course, the city council, the Boy Scouts, and the country clubs more peaceful.
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  #9  
Old 11-13-2008, 07:43 PM
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Quote:
Originally Posted by lya View Post
Ask him; but, be prepared to hear, "no". Most healthcare professionals are not willing to testify against those in their locale. It is in everyone's best interest for the medical expert to have no ties to the community; keeps the golf course, the city council, the Boy Scouts, and the country clubs more peaceful.
So how/where exactly should I find a specialist/medical expert who is willing to testify against the dentist? When I talk to an attorney, will he/she provide a medical expert for me?

Thanks!
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  #10  
Old 11-13-2008, 07:51 PM
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Quote:
Originally Posted by barry1817 View Post
Malpractice lawyers take cases on contingency, so you shouldn't be out funds for the consultation. You would then have to have a consult with a specialist to determine if your treatment was below the standard of care.
Hi Barry,

I see that you're from So. Cal too, you seem to be pretty knowledgeable about veneers, is it possible for you to recommend some good dental malpractice attorneys to me?

Thanks!!
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  #11  
Old 11-13-2008, 08:33 PM
lya lya is offline
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Quote:
Originally Posted by ghost000 View Post
So how/where exactly should I find a specialist/medical expert who is willing to testify against the dentist? When I talk to an attorney, will he/she provide a medical expert for me?

Thanks!
Most medmal attorneys have resources for expert consultation. It should not be a problem.
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  #12  
Old 11-14-2008, 12:38 AM
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dental


Quote:
Originally Posted by ghost000 View Post
Hi Barry,

I see that you're from So. Cal too, you seem to be pretty knowledgeable about veneers, is it possible for you to recommend some good dental malpractice attorneys to me?

Thanks!!
I am happy to speak with any attorney that you may find.

My background. 20 years of practicing, expert witness for malpractice cases and placed on the Ca. Dental Board's panel of experts for dental board investigations.

Guest lecturer at UCLA and UCSF school of dentistry on ethics and the law as it applies to dental issues, and based on legal cases that I have worked on.

Some 20 plus articles published in dental literature.
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  #13  
Old 11-15-2008, 12:59 AM
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Quote:
Originally Posted by lya View Post
Most medmal attorneys have resources for expert consultation. It should not be a problem.
Thank you both for your advice, I will think abt what I should do right now, I will wait til I come back from NY and talk to him again, to see what he has to say. I think he thinks I'm being a bit paranoid about my teeth... I don't know, now the teeth seem to look a bit better (cuz my lips are less swollen), although some still look a bit tilted... it's kind of weird, they look good with my upper lip, but not my lower lip, I don't know if it is a problem of my original teeth structure... or the unbalance of my lips? I asked my sister, she said she can't even notice the tilt, however my mom can, but the gaps, should he still redo it for me since it might be his fault... personally I'm kind of tired of having anesthesia injected into my gum again, I don't want to deal with the whole process again... it is extremely painful... sometimes I think, if it isn't too bad, I can just let it go, 1, because I don't have much time left here in LA, and I'm already stressed out about work and moving to another country, 2, don't even know if it's worth it... but when I think I've spent so much money on the teeth and got a result that I'm not totally satisfied with, and the potential of spending more later on if something IS wrong in the mouth because of something he did, I think I want to do something about it. if I can sue him successfully, what would I get from him? Honestly it's not because I want any money frm him, I just feel I deserve something... although I don't want him to break my current veneers, and redo everything again... just thinking of it scares me... also, I don't want to make our relationship go worse if he were to work in my mouth again...
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