dental malpractice hidden by misdiagnosis

[dangier23]

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

In 2001, when I was only 14, I had my wisdom teeth taken out. A few days later, I started getting dizzy and uncoordinated, so I saw a doctor. No one believed anything was wrong with me until I got a lazy eye. Then my dr ordered at CT scan. That came back normal so a got an MRI and a referral to a pediatric neurologist. He then ordered a spinal tap. Spinal tap and MRI were abnormal. The dr diagnosed me with Multiple Sclerosis. He stated that he didn't know much about it, but that's what he thought it was. He then referred me to an MS specialist, who blew me off because I was only 14 and he normally dealt with adults. I underwent two rounds of steroids, which did not help and I had horrible side effects. I saw several neurologists who wouldn't look past my diagnosis. My health was deteriorating. Within two years, I couldn't walk or talk. Throughout the next few years, I underwent many treatments for MS: IVIG, plasmapheresis, chemo, MS shots. Nothing helped, and most treatments made me worse. Before my 18th birthday, I was told to prepare myself for the worst. In 2005, I saw a doctor of osteopathy that listened to my history and sent me to a special dentist. He did xrays, which revealed osteonecrosis in my jaws created by the tooth extractions in 2001. The dentist did not clean out the holes after the surgery, which blocked the blood flow and the bone died. Infection bred in my jaws and spread to my brain. The infection wasn't detected because of the blood brain barrier. I went from an athletic 14 year old to on my deathbed completely unable to take of myself in three years.

Once I got the correct diagnosis, I had surgery to clean out my jaws. I then started to recover slowly and with a lot of physical/speech therapy. I am still recovering and in speech/physical therapy.

I am in a lot of debt because of what happened to me. I am now 24 with a year old baby. I want people to know that this can happen to people. Dentists and doctors don't know. And I don't think I should be in debt because of these doctor's mistakes.

Is there anything I can do? I need advice.

 

[Zigner]

It appears that your case is outside the statute of limitations.

http://www.texmed.org/Template.aspx?id=2821

 

[justalayman]

and just in case you ask about not discovering the problem until you were 22 or sometime that might make it appear the statute of limitations has not expired, there is this:

The medical malpractice statute of limitations applies to health care claims, even if the injury was not discovered in time to bring a cause of action. This is a strong departure from the common law “discovery rule” which fixes the start of the statute of limitations period when the injury is discovered or should have been discovered, not when the negligence occurred. However, if the plaintiff can prove that the negligence was fraudulently concealed, then the statute of limitations can be extended. Earle v. Ratliff, 998 S.W.2d 882 (Tex. 1999).

that is called a statute of repose. If means there is an absolute limit to the time available to take action, regardless of when the cause is discovered.

 

[ecmst12]

So far as I am aware, osteonecrosis is a known risk of wisdom tooth removal and would not necessarily indicate malpractice on the part of the oral surgeon. If there was malpractice at all, its much more likely the MULTIPLE doctors who failed to diagnose you properly until 2005. And even then, its possible that they acted fully within the standard of care but still missed your difficult-to-diagnose condition. Sometimes bad things happen and its not anyone's fault.

Were any of your doctors before the DO aware that the problem started shortly after you had wisdom tooth surgery?

 

[justalayman]

even with that, it appears the last doctor that failed to treat was over 6 years ago. that makes them untouchable per the SoL.

 

[commentator]

Honestly, I thought wisdom teeth didn't come in until one was about 16-20 years old. I never heard of surgery to remove wisdom teeth at 14. Guess it happens, but wow!

 

[dangier23]

All of my doctors were aware that I had just had dental surgery.

 

[Zigner]

All of my doctors were aware that I had just had dental surgery.

You had until two years after the incident of malpractice, or 2 years after your 18th birthday, whichever is later.

You are well beyond that time frame.

 

[dangier23]

Thank you for your responses. I just hoped there was something I could do.

 

[ecmst12]

My first wisdom teeth came in when I was 15 I think. And if a kid has extensive orthodontic work, they will usually try to get them out BEFORE they start coming in and messing up the nice straight teeth.