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Medical and Health Care Malpractice : Includes Doctor, Dentist, Druggist, Hospital and Nursing Home Malpractice
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  #1  
Old 10-30-2009, 02:52 PM
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Dental Procedure=> TMJ


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

I am 24 year old female who NEVER had any problems with her teeth or jaw. It was recommended to me by an oral surgeon that I get my wisdom teeth out as a preventive measure (they were giving me NO problems). He had me take all four out at one time, and after about one week later I started getting really bad jaw pain. Now almost 3 months later, I am still having daily pain. My oral surgeon was given muscle relaxants and stretching exercises, which only relieve the pain but not making it better or fixing the problem. My jaw pops when I try to open it and if I try to open it wider than 10 cm, I can feel by jaw popping out of the joint and then popping back in wheni close it. I was diagnosed with acute Temporomandibular joint disorder by my dentist as a result of the dental procedure (though the consist pain makes me feel it could be chronic), because of how my mouth was opened and kept open for a long period of time. I was not told this was a possible risk, as I wouldn't have gotten the surgeon done, as I said I was having no problems with my teeth. When I call my dentist seems to only give me more muscle relaxants and put novocaine in my mouth. Is this grounds to sue my oral surgeon? I have had possible permanent damage done to my jaw, possibly to my teeth (from the grinding due to my muscles spasming), months of unnecessary pain, and the exercises are starting to hurt my back teeth.

Can I sue my oral surgeon? It seems unfair that I have a joint disorder from a procedure that was only done as a preventive measure, and when I wasn't told this was a possible risk.
  #2  
Old 10-30-2009, 03:21 PM
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Did you sign an informed consent form? I had a wisdom tooth out a few months ago, and I got all sorts of pamphlets and instruction sheets on what to do for aftercare, what to expect for side effects, and what the possible complications were. What your experiencing is definitely a known side effect which is often unavoidable since your mouth has to be pried open so wide to get the teeth out. Physical therapy and/or chiropractic care can be helpful. The surgeon did not do anything wrong, he did what he had to to get the teeth out.
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  #3  
Old 10-30-2009, 03:41 PM
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Thanks for the response!

I wan't given any pamphlets or informational material, just one sheet of aftercare with the doctor's phone number on it. I don't remember signing an informed consent form, but for all I know I probably did.

The only thing I knew about possible side effects was about all the people I knew who had had the surgery and didn't have any problems. You're right dental procedures are known as one of the causes of TMJ, but that was never told to me, and I had NO idea until after I had the pain and started doing research. Yes PT and chiropactic care may be helpful, but I don't see why I should have to pay for medical care for something that was caused by another doctor. I may have no choice, and if I don't then that's what I have to do. I'm just trying to determine my options.
  #4  
Old 10-30-2009, 03:48 PM
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It wasn't caused by any doctor's NEGLIGENCE. It was an unavoidable consequence of the procedure you had. I had the same issues for several weeks after my surgery, I have a small mouth/jaw and they really had to pry it open to get to the wisdom tooth. Fortunately I was able to yawn comfortably again after a couple of months. I don't blame the surgeon though, just my own genes for making my mouth so screwed up!
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Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
  #5  
Old 10-30-2009, 04:11 PM
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I never said it was my doctor's neglience. I said I didn't know of the side effects, and wouldn't have risked getting TMJ, for a preventive procedure. It would have been fine, if I had had some issues with my teeth and needed it, but I didn't. I was just wanted to gain some more information about having major jaw issues more than several weeks after the surgery with symptoms getting worse instead of better. TMJ is REALLY expensive to treat as almost no medical insurances cover it. I'm sorry if you were annoyed by my comment saying that my dentist caused it. I just think there is some fault to be had to the doctor (even if he believed he was working in my best interest, and if he's not legally liable which I now know he's not). I had a procedure I didn't need, which does make the consequence avoidable despite what you claimed. The result of it has drastically lowered my quality of life from before the surgery, that may possibly cost me thousands of dollars to get fixed. Which is WELL above the cost of me getting a few cavities or gum problems which was the worst that could have happened, and at 24 (which is the tail end age of wisdom teeth issue) with no cavities it was in my favor not to get it done. Again, I was just seeing what my options were, and now I can end this thread. Thank you for your advice and input.
  #6  
Old 10-30-2009, 04:18 PM
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In the future, I'm sure you'll ask more questions and do your own research before consenting to anything.
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Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
  #7  
Old 10-31-2009, 01:39 AM
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Send a message via AIM to barry1817

dental


Quote:
Originally Posted by Toyya View Post
I never said it was my doctor's neglience. I said I didn't know of the side effects, and wouldn't have risked getting TMJ, for a preventive procedure. It would have been fine, if I had had some issues with my teeth and needed it, but I didn't. I was just wanted to gain some more information about having major jaw issues more than several weeks after the surgery with symptoms getting worse instead of better. TMJ is REALLY expensive to treat as almost no medical insurances cover it. I'm sorry if you were annoyed by my comment saying that my dentist caused it. I just think there is some fault to be had to the doctor (even if he believed he was working in my best interest, and if he's not legally liable which I now know he's not). I had a procedure I didn't need, which does make the consequence avoidable despite what you claimed. The result of it has drastically lowered my quality of life from before the surgery, that may possibly cost me thousands of dollars to get fixed. Which is WELL above the cost of me getting a few cavities or gum problems which was the worst that could have happened, and at 24 (which is the tail end age of wisdom teeth issue) with no cavities it was in my favor not to get it done. Again, I was just seeing what my options were, and now I can end this thread. Thank you for your advice and input.
Ask your dentist to refer you to a TMJ specialist. If you are close to a dental school that might be a good place to go as well.

When there is a problem, if a dentist can't handle the problem to the level of a specialist in the field, that falls into a area of negligence/malpractice.

Once in the hands of the specialist he can deal with your problem and answer the questions that you may have, as well as discuss the whys of the problems.

In the past I have liked, as a quick fix a night guard which would help with the grinding of the teeth, but if you were to have been in my office, I would be refering you immediately.
  #8  
Old 10-31-2009, 11:04 AM
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Barry1817,

Thank you for the helpful response. I live in Boston so I know there are several dental schools in the area, so that shouldn't be a problem, and as you mentioned I can always ask my dentist for a referral.

-Toyya
  #9  
Old 11-01-2009, 01:49 AM
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Send a message via AIM to barry1817

dental


Quote:
Originally Posted by Toyya View Post
Barry1817,

Thank you for the helpful response. I live in Boston so I know there are several dental schools in the area, so that shouldn't be a problem, and as you mentioned I can always ask my dentist for a referral.

-Toyya
You are welcome. I hope all goes well.

Remember also that there are different levels and times for healing when the mouth is involved, part of it being that with trauma to other parts of the body, that body part can be immobilized and allowed the time to heal. With the mouth that doesn't usually happen.
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