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dental malpractice case that lawyers will not take on

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Casper520

Junior Member
After having extensive dental work done with 8 dental crowns and implants my dad now has significant jaw pain and chewing/biting impairments due to unleveled crowns. Only a total of one top and one bottom teeth touch on the whole right side of his mouth. Improper distribution of force on only these two teeth is causing so much pain to even chew which has caused him to lose a lot of weight. After consulting with two other specialists it is necessary to re-do all implants and crowns to establish a normal bite again which will hopefully relieve his jaw pain. The new treatment cost total at $18K. Outraged we have been searching for a lawyer in order to get compensated for the pain/suffering as well as the new dental bills but have not had any luck so far. Do we let this dentist go without getting compensated for the time/money loss, and pain/suffering?
 


Proserpina

Senior Member
After having extensive dental work done with 8 dental crowns and implants my dad now has significant jaw pain and chewing/biting impairments due to unleveled crowns. Only a total of one top and one bottom teeth touch on the whole right side of his mouth. Improper distribution of force on only these two teeth is causing so much pain to even chew which has caused him to lose a lot of weight. After consulting with two other specialists it is necessary to re-do all implants and crowns to establish a normal bite again which will hopefully relieve his jaw pain. The new treatment cost total at $18K. Outraged we have been searching for a lawyer in order to get compensated for the pain/suffering as well as the new dental bills but have not had any luck so far. Do we let this dentist go without getting compensated for the time/money loss, and pain/suffering?


If you can't find an attorney to take your case, that's generally an indication that you either don't have a case at all or that it's not worth litigating.
 

Casper520

Junior Member
there is a case

A few lawyers have said that we may have a case. However the risk is high and the reward is too low and therefore will not take. Is there anything we can do for compensation?
 

Proserpina

Senior Member
A few lawyers have said that we may have a case. However the risk is high and the reward is too low and therefore will not take. Is there anything we can do for compensation?


Not as far as I can see - small claims won't deal with medmal cases/compensation/personal injury and honestly the best you might get is getting the original provider to lower or wipe the bill.


Have you tried negotiation?
 

xylene

Senior Member
Why is it necessary to redo all of the crowns and implants for bite problems?

That remedy sounds extreme, as does the price tag.

Their is the very real prospect of still being unhappy for the same reasons for fit

Perhaps you should consider a third opinion that salvages some of the work.

And / or

Consult another lawyer
 

Casper520

Junior Member
I agree that re-do all the work is on the extreme side. We are still searching for another specialist to figure out what would be the best treatment option. As far as the work that has already been done. We have spent about $20,000 already at this dentist who seem to do nothing but cause pain and dysfunction. We have invested too much money already and now having to invest even more seems outrageous.
 

barry1817

Senior Member
dental

After having extensive dental work done with 8 dental crowns and implants my dad now has significant jaw pain and chewing/biting impairments due to unleveled crowns. Only a total of one top and one bottom teeth touch on the whole right side of his mouth. Improper distribution of force on only these two teeth is causing so much pain to even chew which has caused him to lose a lot of weight. After consulting with two other specialists it is necessary to re-do all implants and crowns to establish a normal bite again which will hopefully relieve his jaw pain. The new treatment cost total at $18K. Outraged we have been searching for a lawyer in order to get compensated for the pain/suffering as well as the new dental bills but have not had any luck so far. Do we let this dentist go without getting compensated for the time/money loss, and pain/suffering?
If a lawyer won't deal with the case, you may want to seek peer review. In that case, a panel of dentists from the dental society will review the case. If they decide in your favor, you can get a refund for the costs paid.

my understanding is that the crowns, attached to the implants, could be removed, and remade or altered to correct the occlusion. But I would suggest a mouth guard, as an immediate corrective device to see if this alleviates the pain, and points you in the right direction.

A second opinion, might also be necessary, which if it concurs that a problem exists, might bolster a malpractice claim, and this second opinion should be with a specialist. Did the dentist that place the crowns, have the proper training for this and the proper specialty. If not, and if it was done wrong, then you have the high ground on a legal claim, because treating a patient in a specialty field, requires that you treat to the level of the specialty.

Keep track of the time frame, as statute of limitations need to be followed so that any action taken isn't precluded by law.
 

Casper520

Junior Member
I will definitely look into the peer review to see if somebody can review the case.

We are currently trying to find another specialist in the area for another opinion whether this problem can be fixed without redoing all the work. He has tried the mouthguard already which was made way too tight and caused more pain while wearing it and trying to put it on.

The dentist that did the work is a prosthodontist and he also said that he is a professor at the University of Maryland School of Dentistry. I'm trying to find out if there is even any truth to this. He may be making false claims.

There definitely is some type of negligence and should be a malpractice claim. however, the difficulty is finding a lawyer that will take the case due to the small claim. There seems to be a unanimous vote among all the lawyers I've spoken with that they will not take the case because the cost to proceed this kind of case may cost way more than the monetary settlement. :(
 

Casper520

Junior Member
Just looked into peer review for my local dental society. They stopped mediating for patients when dentists involved are not a member of their dental society. Guess i have to keep looking. I was suggested to file a complaint with the state dental association. Has anyone done that?
 

barry1817

Senior Member
dental

I will definitely look into the peer review to see if somebody can review the case.

We are currently trying to find another specialist in the area for another opinion whether this problem can be fixed without redoing all the work. He has tried the mouthguard already which was made way too tight and caused more pain while wearing it and trying to put it on.

The dentist that did the work is a prosthodontist and he also said that he is a professor at the University of Maryland School of Dentistry. I'm trying to find out if there is even any truth to this. He may be making false claims.

There definitely is some type of negligence and should be a malpractice claim. however, the difficulty is finding a lawyer that will take the case due to the small claim. There seems to be a unanimous vote among all the lawyers I've spoken with that they will not take the case because the cost to proceed this kind of case may cost way more than the monetary settlement. :(

Should be easy to track down his reference and work experience. Call the dental school and see if he is on faculty and what is position is.

Check with state dental board of license status of this person, which may also give any complaints against the doctor.

Do a quick search in courthouse for legal actions against this dentist.

All can bolster a case.

I know that in a case that I dealt with, I did the check at the courthouse and found that the dental clinic involved in the case has 35 malpractices lawsuits filed against that office in a 5 year span. Helped make the point that something wrong was happening. If this dentist has multiple lawsuits for dental issues, goes to qualification and results and would bolster any case as past actions can get worked into your case by a good lawyer.
 

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