Statue Of Limitations

[Clipper965]

What is the name of your state?FLORIDA
Here is the statue of limitations for Malpractice in Florida:


Section 95.11(4)(b), Florida Statues provides that an action for medical malpractice shall be commenced within two years from the time the incident giving rise to the action occurred, or within two years from the time the incident is discovered or should have been discovered with the exercise of due diligence. However, in no event shall the action be commenced later than four years from the date of the incident or occurrence out of which the cause of action accrued, except that the four-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday.

Section 95.11(4)(b) also provides that in those actions where it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury, the period of limitations is extended two years from the time the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed seven years from the date of the incident giving rise to the injury, except that the seven-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday.

Here is my situation:
My situation is I had all my teeth crowned and mostly root canalled at
a dental clinic owned by a giant HMO between 1995-99. The last work they did was in
1999. Recently my new dentist has uncovered numerous new problems. I
have had a front crown snap off with little effort and a rear bridge
collapse. The Xrays taken in 2003 revealed numerous things including a
crowned tooth that has an abcess that will now have to be pulled.
Broken posts, none of the crowns have reinforcement pins, the list is
endless. I have been trying to get a lawyer to take my case here in
Florida but none seem interested which I suspect the reason is this
would be low dollar suit that would not be worth taking on a
contingency fee basis. What about Pre-Paid Legal?. Any other
suggestions board viewers may have would be greatly apreciated. I am
looking at who knows how much more $$$$ in dental costs. The new
bridge & posts will be $7000!I don't have after having spent $27000 +
only a few short years ago that broke me. I am confused,have these quacks managed to escape my vengence via these statues or do I still have a chance to file suit?

 

[lmg60]

Floss The Teeth You Want To Keep

this is so very important... i have been an assistant in the dental field for a number of year (approx 15) the work you had done years ago does not give you a guarentee that you are free to avoid your responsibilities. Flossing every tooth is vital in the longevity of your dental work - along with routine cleanings and proper x-rays - should you begin to have problems hopefully they are in a beginning phase and you will be able to correct them before $$$ add up. even under the bridge work YOU MUST FLOSS - think about it... your'e only as strong as the weakest link...... whenever a tooth is met with another material such as a crown or even a filling you have a "margin" that margin must maintain proper hygeine or else those big bad uglies are going to set up camp.. it is like not brushing your teeth at all if you skip the flossing part. best of luck.. and remember you only have one set of teeth so invest wisely... p.s. find a dentist that does things right.. completely... instructions are the first sign.. do they explain your part when you get home??? did they point out you must floss...??? interview your next doctor.. be fair.. tell them you need bridgework - what can "you" do to keep the next bridge longer... if they don't complete the exam by instructions for @ homecare... let it be your first red flag

 

[Clipper965]

Firstly, with the exception of my front upper teeth my crowns are all part of bridges making them impossible to floss. I showed my original 1995 X-RAYS to 5 Dentists since last year, all said my teeth were too far gone to be saved then and the clinic should have said so and fitted me with dentures or partial dentures. Instead they robbed my blind and now after only a few years I am going to loose them all anyway. When I began treatment I PLEADED for some other cost effective method, each and every dentist at the clinic gave the same old line, SOME TIMES YOU HAVE TO DO WHAT IS MEDICALY NECESARRY, BLAH BLAH. My last lawyer who told me the statue of limitations had lapsed told me he sees cases like mine in Florida all the time, these HMO owned clincs root canal and crown lost cause teeth knowing it will be years before the damage is discovered and they get away with it because by this time the Statue of Limitations (4 Years) has lapsed. One final note. I did not spend what amounted to a the sticker price of a New HONDA ACCORD and then let the teeth go to hell, I followed all instructions given to me and then some. But like I said earlier, the 5 dentists I showed my original 1995 XRAYS all said they were a lost cause at the time, the clinic flat out lied to be, root canaled and crowned them away to pocket the money.