Dental School Mistake

[Crumbysmom]

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

I go to a dental school to get dental work and I had a last year student that I was working with. In December she had another student call back and set the appointment up with no reason to why. It was two weeks before Christmas so I assumed that students were headed home or something. I didn't find out till 2 hours in that the new student was new to the floor and was taking a test on me. Even though they are supposed to let you know and gain your consent if there is a test being done.

I have several cavities she could of worked on and I pointed to one that felt sensitive but she said she wanted to do the one behind it. During the 5 hours I sat with my mouth open I was in pain for a big chunk. I had a notepad and kept writing to her that I could feel what she was doing and that it felt like she was right on top of my nerve. She just gave me another shot (3 times) and kept going. The teacher came by to check and told her that she was taking a long time and that she wasn't doing it right. So she starts to speed things up. The next time the teacher comes in she screams right over me "You failed your test finish it up." So she really starts rushing. Another teacher walks by and looks at my mouth (still in a lot of pain) and says "Oh no. This shouldn't have happened." I sitting there writing "What's wrong???" The first teacher comes in and talks to me and says "Don't worry she failed her test. She started rushing and she should of never done that tooth in the first place." The other teacher starts talking with her behind me and she says "Look what she did. She exposed her pulp. And even if she was going to do that it shouldn't be in this area. It would be here (uses tech term). What is it doing all the way over here in this area of the tooth? She shouldn't have even been doing that tooth." The second dentist agrees that she messed up and that she had exposed the tooth because of rushing and it was in the wrong area.

The second teacher packs my tooth with cotton because the nerve is sitting there exposed. Then with the first teacher yelling you failed the test finish at her the student fills my tooth with some temporary material. The first dentist goes home with most everyone else and the second dentist stands there and gives me three different stories about my tooth and now my needed root canal. I guess he wasn't aware that 20 minutes before that I heard his conversation with the first dentist. I didn't say much as he was trying to convince me that though I walked in without that tooth hurting and only needing a small cavity on that tooth that it wasn't her fault that I needed a root canal.

I knew I would be calling the school so I left. The dental student knowing that she had messed up followed me down the hallways, into the elevator and into a bathroom trying to show me x-rays and telling me "I don't want you to think it's my fault." Sigh. No acknowledgment, no apology.

The next day a friend who works at the clinic called me and said I was the talk of the clinic and that everyone was talking about what happened. Great.

I called the school 3 times since than. I have been transferred and left messages. Then they all went on the holiday vacation. Meanwhile I am in pain missing work for a tooth that didn't even hurt. I checked the things I signed and no place does it say that they can't be held responsible. My question is what legal recourse do I have. I will of course not step back in that clinic and think that they should have to pay for the root canal.

 

[ecmst12]

You let a student work on you. You have most likely waived any right to sue, so all you can do is insist that they fix what they messed up. This was a risk you assumed by accepting treatment from a student.

 

[Crumbysmom]

Thanks for the fast reply. I checked all the paperwork I signed and there was nothing that I signed that waived the right to sue. I have all the paperwork. So do I have a leg to stand on given that? I want to demand they pay for it to get fixed and what to see if I have a legal right to do so. On top of everything else being treated like an idiot and the gossip of the clinic I will not be going back there.

 

[Mass_Shyster]

You let a student work on you. You have most likely waived any right to sue, so all you can do is insist that they fix what they messed up. This was a risk you assumed by accepting treatment from a student.

This may not be entirely accurate. You cannot waive the right to sue for gross negligence, only ordinary negligence. However, whether this was due to one or the other is questionable. Distinguishing one from the other will probably be an expensive process.

If you are in pain, go to a dentist and get treatment. Worry about any lawsuit later.

 

[Crumbysmom]

Thanks. I am calling around to dentist today to see what I can find. Thank you both for taking the time to read it and offer your advice. I appreciate it.

 

[barry1817]

dental

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

I go to a dental school to get dental work and I had a last year student that I was working with. In December she had another student call back and set the appointment up with no reason to why. It was two weeks before Christmas so I assumed that students were headed home or something. I didn't find out till 2 hours in that the new student was new to the floor and was taking a test on me. Even though they are supposed to let you know and gain your consent if there is a test being done.

I have several cavities she could of worked on and I pointed to one that felt sensitive but she said she wanted to do the one behind it. During the 5 hours I sat with my mouth open I was in pain for a big chunk. I had a notepad and kept writing to her that I could feel what she was doing and that it felt like she was right on top of my nerve. She just gave me another shot (3 times) and kept going. The teacher came by to check and told her that she was taking a long time and that she wasn't doing it right. So she starts to speed things up. The next time the teacher comes in she screams right over me "You failed your test finish it up." So she really starts rushing. Another teacher walks by and looks at my mouth (still in a lot of pain) and says "Oh no. This shouldn't have happened." I sitting there writing "What's wrong???" The first teacher comes in and talks to me and says "Don't worry she failed her test. She started rushing and she should of never done that tooth in the first place." The other teacher starts talking with her behind me and she says "Look what she did. She exposed her pulp. And even if she was going to do that it shouldn't be in this area. It would be here (uses tech term). What is it doing all the way over here in this area of the tooth? She shouldn't have even been doing that tooth." The second dentist agrees that she messed up and that she had exposed the tooth because of rushing and it was in the wrong area.

The second teacher packs my tooth with cotton because the nerve is sitting there exposed. Then with the first teacher yelling you failed the test finish at her the student fills my tooth with some temporary material. The first dentist goes home with most everyone else and the second dentist stands there and gives me three different stories about my tooth and now my needed root canal. I guess he wasn't aware that 20 minutes before that I heard his conversation with the first dentist. I didn't say much as he was trying to convince me that though I walked in without that tooth hurting and only needing a small cavity on that tooth that it wasn't her fault that I needed a root canal.

I knew I would be calling the school so I left. The dental student knowing that she had messed up followed me down the hallways, into the elevator and into a bathroom trying to show me x-rays and telling me "I don't want you to think it's my fault." Sigh. No acknowledgment, no apology.

The next day a friend who works at the clinic called me and said I was the talk of the clinic and that everyone was talking about what happened. Great.

I called the school 3 times since than. I have been transferred and left messages. Then they all went on the holiday vacation. Meanwhile I am in pain missing work for a tooth that didn't even hurt. I checked the things I signed and no place does it say that they can't be held responsible. My question is what legal recourse do I have. I will of course not step back in that clinic and think that they should have to pay for the root canal.

When dental students are "doing" a mock board, they usually want to treat a tooth that has minimal decay, so that they don't run into problems.

What happened seems to be a student that wasn't quite up to the task, had pressure put on this student by the instructors, and that escalated to the problem that you have described.

You would want the notes about the tooth that was treated, prior to this situation, and what the result is.

There also needs to be some discussion with the school about the way the instructors handled this situation.

and the the concept that they school would let you leave, in the condition that you stated, needs to be discussed as well, as it is not acceptible.

The school takes ultimate responsiblity for your treatment, as do the instructors, who are licensed dentists.

There is a lot here to look at, and none of it seems to be looking good for the school. As to the dental student that worked on you, that would also fall under the guise that the student is under the supervision of the faculty and they really seemed more concerned about a test, and a berating a student, than they were with the patient, you. That is not acceptible.

 

[xylene]

You absolutely should hire a lawyer.

These practicing students, the attending doctors who supervise them, and the school itself, all carry substantial insurances - realizing their exposure.

Medical mistakes in clinical dental training are not exempt from malpractice or other liability - that is a myth.

Act quickly.

 

[Crumbysmom]

barry1817 and xleyne- Thank you so much!!! I really appreciate your time, advice and information I contacted the school to get a copy of my records and will contact a lawyer tomorrow. Thank you so much for the help!!!

 

[barry1817]

dental

barry1817 and xleyne- Thank you so much!!! I really appreciate your time, advice and information I contacted the school to get a copy of my records and will contact a lawyer tomorrow. Thank you so much for the help!!!

Be prepared that even if you were wronged, the extent of damages may be such that a lawyer may not wish to take the case, because these cases typically cost more than the recovery is.

If that should be the case, then you may have to be looking a complaint with the dental board, and accreditation board that gives the stamp of approval on this school.