i want to sue Dental School

[guest2010]

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

I am a patient at NJ Dental School. Had initial screening July 2008. First consult with a student doctor around November-December 2008. At that time I had Medicaid and it covered my initial screening, diagnostics which included exam, model, radiographs. I was given a quote with fees and procedure codes. A month later they asked me for additional $150. I went to the billing office and was told I don’t owe anything, 0 balance, my Medicaid covered consult and diagnostics.

A faculty doctor suggested a tooth replacement (implants) treatment plan. Did not tell me any important details, suggested cheaper and faster procedure and walked away. I was not sure treatment plan was recommended to me because the school is not capable of handling my case or for other reasons. Asked my student doctor if there’s another option. Was scheduled to see another faculty doctor. That doctor approved and signed what seemed to be a better solution to my problem. After the consult my student doctor went behind my back to talk to the faculty doctor. I heard the faculty dr say if it wasn’t ethical he wouldn’t approve. I wasn’t sure what he meant by that and didn’t ask until much later.

The treatment plan called for a bone graft surgery. In March 2009 I was escorted by my student dr to the oral surgery department when the student dr first spoke to the surgeon student dr, explained everything, and then called me in to meet with the surgeon. Only the surgeon student dr was present during my consult and no faculty. We discussed harvesting my own bone from the chin, repair of donor site, and some general things. I was assured it can be done and won’t be detrimental to me.

In April I had a bone graft surgery. While sitting in the chair in the OR some faculty dr walked in and suggested they use a cadaver graft. Reason – there’s a chance I will have permanent damage to my teeth, jaw, nerves. They did not mind taking my bone which is highly preferred, but it was better to go with cadaveric. I was not informed about it during the consult and had only minutes to make an important decision. My b.p. was high and I was very nervous. That’s not what we had previously discussed. I became scared and agreed to cadaveric graft.

After the surgery I found out the treatment plan the second dr approved is not possible and several doctors at the school and outside confirmed I do not have enough space. I was disabled for 2 months after surgery and took me 4-6 months to recover completely. Mentioned to my student doctor several times drs. suggested the plan is not possible. Student dr told me to stick with the plan because that’s what I wanted. I was hoping student dr would alert faculty because I had no way of contacting them. One faculty dr examined me during a follow up visit and told me a vital piece of information which confirmed the proposed plan is indeed detrimental, and I will have problems.

At that point I filed a complaint with the dental board. At that time I did not know it’s a peer organization, similar to peer review. I could not present all evidence I had which I can present in court and they do not allow patients to request doctors’ response or check what evidence dentists submitted. They do not side with patients. Several faculty doctors replied. From my meeting with the head of one department I learned everything I said they turned against me, they refuse to treat me, will recommend the whole school not to treat me. I was told to go after other faculty doctors and other departments, because this department did not do the surgery. I was also told I had to ask questions if I wanted to know something. It’s not patient’s responsibility to research everything and impossible to ask every detail about procedures. I asked appropriate questions but did not think there would be other issues. I am not a dentist. My treating faculty doctors refuse to treat me.

Orthodontics department placed braces 10 months ago and still have no treatment plan for me and don’t know what to do. My teeth are shifting, temporary appliances they made for me were unusable and broke from day one. Dr can’t explain anything and won’t refund money. I was told I wanted it so I have to pay. Everything I did or said they turned against me.

10 months later I received a letter from the dental board – no further (disciplinary) action is necessary. I won’t be appealing. Was not seeking disciplinary action against dentists.

Total amount I lost including deposits is around $4,500, total visits - 23 so far. I have no teeth, lost bone graft because implants were not placed within the required time frame, have had braces for 10 months without any kind of treatment plan. Departments don’t communicate with each other. I cannot get representation because there’s no permanent damage, disfigurement, and I am not dead, yet, as a result of “treatment”. This has been going on for 2 years, I have no teeth, they ruined me financially and my overall health. I am very dysfunctional because of them. Suffering from severe depression and chronic fatigue, constantly high blood pressure, frequent headaches, other problems.

How can I determine the damages amount and what would be the best court to sue? Do I have to notify the school before filing and how? Which court has jurisdiction to order the school to treat me? Do I need to file where the incident occurred/location of school or in my county? Would it help to see a physician and get some kind of statement saying how my overall health has been affected and what illnesses I suffer because of the events?

TIA

 

[justalayman]

you need an attorney. You have a long and involved situation and it is difficult to understand where and what might have not been proper in your situation. You need somebody to look at all of the evidence and try to decipher just who might be liable and what they might be liable for.

from your questions, you have no real understanding of how complex your situation is and what is going to be required to prove that anything was improper in your treatment. You need help in your endeavor and more than an internet forum could ever provide for you.

 

[guest2010]

you need an attorney. You have a long and involved situation and it is difficult to understand where and what might have not been proper in your situation. You need somebody to look at all of the evidence and try to decipher just who might be liable and what they might be liable for.

from your questions, you have no real understanding of how complex your situation is and what is going to be required to prove that anything was improper in your treatment. You need help in your endeavor and more than an internet forum could ever provide for you.

I contacted attorneys. Nobody wants my case. One suggested a case like this will cost $10,000 upfront. It's not an option. I figured if i present enough evidence, including audio recordings of every meeting and consult, i may have a case. If i'm entitled to damages - fine, if not, i'll take my money back and a court order to continue treatment at the school. But why should they get away with anything just because they are licensed "professionals" and my only fault is i can't go anywhere else. If one of the parties is not an expert (myself) and everything is based on verbal communication... i think it should be a simple case. I'd like to get an expert opinion but cannot afford a dentist to testify in court for me. Not much i can do about anything. I also want to go to the media.

I paid with credit card, tried the bank, was told it's a legal issue and they won't be able to help me get money back.

 

[justalayman]

it is not a judges or jury's responsibility to interpret your case. You have to prove your case. To do that, you are going to have to have expert witnesses that support your claims and they do not work for free.


Generally, if you cannot get an attorney to work on contingency in a personal injury case, it means the recovery is not a large amount or there is little chance of a recovery at all. That is generally very telling when trying to determine if you should take a case to court.

If i'm entitled to damages - fine, if not, i'll take my money back and a court order to continue treatment at the school.

what makes you think a court can give you back your money, especially if you lose? and no, they are not going to order this place to treat you. You will have to seek treatment elsewhere.

If one of the parties is not an expert (myself) and everything is based on verbal communication... i think it should be a simple case.

that is not how it works. You have to make allegations of impropriety based on legal theory. Then YOU have to prove those allegations. The defendant does not have to prove your allegations are not true. They only have to defend what you prove to be improper.

. I'd like to get an expert opinion but cannot afford a dentist to testify in court for me

an (at least one) expert witness is going to be an absolute requirement. As I said, you have to prove your allegations of their actions being improper. Once you have presented some valid argument, only then does the defendant have to prove why your position is incorrect.

 

[guest2010]

it is not a judges or jury's responsibility to interpret your case. You have to prove your case. To do that, you are going to have to have expert witnesses that support your claims and they do not work for free.


Generally, if you cannot get an attorney to work on contingency in a personal injury case, it means the recovery is not a large amount or there is little chance of a recovery at all. That is generally very telling when trying to determine if you should take a case to court.

--Yes it's a very small amount. Attorneys usually take cases worth hundreds of thousands $$$. I'd be happy with a small settlement but not sure what amount to ask for and how to determine if i'm entitled to damages.

that is not how it works. You have to make allegations of impropriety based on legal theory. Then YOU have to prove those allegations. The defendant does not have to prove your allegations are not true. They only have to defend what you prove to be improper.

--They already proved everything for me. During surgery the faculty dr said the tx plan is not possible. I have a clear audio recording of the whole surgery. He should have looked at my radiographs and CT prior to surgery and discussed everything with me, not tell the student doctor when i was sedated. Another faculty doctor also said the it's not a good idea. I also have an audio recording. What else do i need to prove if several experts at the same facility revealed critical information after the surgery. My treating student and faculty drs did not say the approved and finalized plan will have detrimental consequences. Have audio proof. What else can i prove ?


an (at least one) expert witness is going to be an absolute requirement. As I said, you have to prove your allegations of their actions being improper. Once you have presented some valid argument, only then does the defendant have to prove why your position is incorrect.

--again, audio proof. not intend to punish anyone, strictly for my protection. Proves how unprofessional they are and don't know what they are doing.

it's not their private office, it's a state school, they can't screw me and deny treatment because i complain.

 

[justalayman]

your audio proof is not proof. It is evidence, at best. You then have to determine what it is evidence of and then you have to prove that that was improper.

it's not their private office, it's a state school, they can't screw me and deny treatment because i complain.

then I suggest you take your complaint to the school administration. You are running down a road to losing any case you might file and if it is seen as frivolous, you might just end up paying the schools legal costs.

Proves how unprofessional they are and don't know what they are doing.

that still does not prove they did anything wrong and if they don't know what they are doing, why would you ever consider going back to them to have more work done. That intent alone shoots your claims in the foot.

but regardless, you have to prove they did something wrong, by established medical standards.

one other note: long before you would ever get to present your evidence in a trial, the school is going to attempt to have your case summarily dismissed. Unless you can present enough evidence of actual wrong doing to support your claim, you will never get your case in a court room.

 

[guest2010]

to me it seems simple. proof/evidence is very strong, i don't know if i should be claiming damages or let the judge decide if i'm eligible and what the amount should be.

 

[justalayman]

Ok, let;s try this a bit differently:


what is the basis of your suit? In other words, what did they do that is wrong that you believe gives you a right of compensation?

 

[cbg]

If the case were as clear as you believe it to be, you would have attorneys lining up to take the case. Instead, you can't get one to take it. That should tell you right there that the evidence is not so obvious as you believe.

 

[guest2010]

If the case were as clear as you believe it to be, you would have attorneys lining up to take the case. Instead, you can't get one to take it. That should tell you right there that the evidence is not so obvious as you believe.

they would take it but the ones i met handle cases at least 500,000 worth or want 10,000 up front. there's no permanent damage and i'm not dead. their explanation is i may have a case, but it's not feasible for them to take it. nobody is interested in small claims.

the case is clear. if you are told something that can not be accomplished and critical information is withheld from you, which you found out anyway only later, and it's not your fault... and audio records prove everything. what else? it's not my word against theirs anymore.

 

[guest2010]

Ok, let;s try this a bit differently:


what is the basis of your suit? In other words, what did they do that is wrong that you believe gives you a right of compensation?

they told me what i wanted to hear is a good option and nothing else. I did not know at that time the plan would result in failure. Because they approved and i trusted them had a very invasive and unnecessary surgery. Pain, suffering, even temporary....can't ask for compensation. I recovered completely after 6 months but now may need more surgery. Also had a very radioactive CT scan, which i may need to repeat. Physically recovered, still missing teeth, emotional trauma, very dysfunctional because of the whole mess. What does it take to get damage compensation, permanent disfigurement and death? Eventually, maybe, if they take another 2 years to come up with a treatment plan.

 

[justalayman]

I repeat:

what is the basis of your claim?

You cannot simply write some diatribe on a complaint form and expect the courts to allow the case to move forward.

You have to list specific, legally defined, causes for an action.



and there are thousands of attorneys looking for work. If you have only talked with attorneys looking at $500k minimum claims, you need to keep calling. I could find an attorney willing to take cases for less than $100k without any problem IF the case was worth taking to court.

nobody is interested in small claims.

I hope you do not mean "Small Claims Court" because you are definitely not in the SCC realm of jurisdiction.

 

[guest2010]

I repeat:

what is the basis of your claim?

-- i thought i described the basis above, not sure what else to tell you

You cannot simply write some diatribe on a complaint form and expect the courts to allow the case to move forward.

You have to list specific, legally defined, causes for an action.

-- i don't know what else to write, i'm not a lawyer



and there are thousands of attorneys looking for work. If you have only talked with attorneys looking at $500k minimum claims, you need to keep calling. I could find an attorney willing to take cases for less than $100k without any problem IF the case was worth taking to court.

--nobody i talked to wants my case. it's "business decision". yes many/all will take PIP cases, whenever insurance co is involved and payment is guaranteed. way less than 100k


I hope you do not mean "Small Claims Court" because you are definitely not in the SCC realm of jurisdiction.

--if i only want to get back the money i paid where else can i go if not small claims. it's less than $5000. the reason why i don't want to get it back is i have a foreign object in my jawbone which could have been avoided had they informed me properly and i did not volunteer to be a paying lab rat.

 

[justalayman]

=guest2010;2518857]--if i only want to get back the money i paid where else can i go if not small claims. it's less than $5000. the reason why i don't want to get it back is i have a foreign object in my jawbone which could have been avoided had they informed me properly and i did not volunteer to be a paying lab rat.

if this were only a contractual issue, small claims court would be a possibility. The fact you are alleging medical malpractice, small claims court will not hear such an issue.

-- i thought i described the basis above, not sure what else to tell you

filing a formal complaint is not simply a paper you can write what ever you want or believe. You must state legal principles that you believe have been violated.

-- i don't know what else to write, i'm not a lawyer

Now you are starting to get the point.

the case is clear. if you are told something that can not be accomplished and critical information is withheld from you, which you found out anyway only later, and it's not your fault.

there is nothing clear about what you have posted. Even after re-reading your posts, I still do not really understand what you claim they did wrong.


.

Because they approved and i trusted them had a very invasive and unnecessary surgery.

here is, in a not well worded manner, part of a basis for a claim. The problem is: it appears you are claiming they performed an unnecessary surgery. So, to take this a step further: why was it unnecessary?

 

[guest2010]

if this were only a contractual issue, small claims court would be a possibility. The fact you are alleging medical malpractice, small claims court will not hear such an issue.

---contractual issue? I i did receive accurate quotes with codes and description and they made me sign, so it could be contractual, if i understand the meaning correctly.

filing a formal complaint is not simply a paper you can write what ever you want or believe. You must state legal principles that you believe have been violated.

Now you are starting to get the point.

---that's why i'm on this site, nowhere else to go.

there is nothing clear about what you have posted. Even after re-reading your posts, I still do not really understand what you claim they did wrong.

---i did not get into specific details because this is not a dental forum. I can post details but it won't change anything. What they did was not wrong, it was "ethical" according to one dr.


.here is, in a not well worded manner, part of a basis for a claim. The problem is: it appears you are claiming they performed an unnecessary surgery. So, to take this a step further: why was it unnecessary?

Because they gave me forms explaining in writing that there's a committee which explained everything to me. There was no committee. I am involved with four different departments. Together they were supposed to look at my model, scans, pictures, photographs ...PRIOR TO SURGERY or any other serious procedure. TOGETHER they were supposed to plan my treatment... after the initial consult, before the surgery. Some faculty doctors never even looked at my measurements before they proposed treatment and actually explain it to me, not merely say it's cheaper and faster that's why you should go with plan A and not plan B. They never coordinated anything, never discussed anything together. One department doesn't know what to do because another department won't tell them the plan, and it's a never ending circle of "we don't know what to do because they won't tell us". I've been accused of many things, everything is my fault, i changed plans, i hold them back, i cause delays. Broken unusable appliances doesn't concern them. Teeth repositioning, forget it. Will address it when they come up with a plan next decade, when other department is ready.
If i post any more detail here you'd need to be a dentist to understand.