Unnecessary surgeries, colitis, and staph infection from neglectful oral surgeon?

[MareDelMar]

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

My oral surgeon has been neglectful in my medical care to the point of me losing a bone graft, dental implant, and undergoing severe, long-term pain. I understood the risks, including losing my implant, when I had my procedures done, but this doctor's refusal to answer my questions and explore other routes has exacerbated the situation and resulted in many preventable problems. He has prescribed unnecessary and incorrect antibiotics and refused to take cultures on me that resulted in my having several unnecessary surgeries, as well as colitis, and a staph infection for more than 20 months (which I am still trying to get rid of).

Is it possible to take legal action against him? Is it worthwhile? And if so, what do I charge him with?

 

[Antigone*]

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

My oral surgeon has been neglectful in my medical care to the point of me losing a bone graft, dental implant, and undergoing severe, long-term pain. I understood the risks, including losing my implant, when I had my procedures done, but this doctor's refusal to answer my questions and explore other routes has exacerbated the situation and resulted in many preventable problems. He has prescribed unnecessary and incorrect antibiotics and refused to take cultures on me that resulted in my having several unnecessary surgeries, as well as colitis, and a staph infection for more than 20 months (which I am still trying to get rid of).

Is it possible to take legal action against him? Is it worthwhile? And if so, what do I charge him with?

There is no charging to be done. You might want to consult with a Med Mal attorney.

 

[MareDelMar]

I'm debating about doing that, just wondering if anyone has any tips before I get involved with a lawyer. I'm worried about the viability of my case (having read that med mal is particularly tricky, especially when staph infections are involved) and the fees... is it worth it?

 

[swalsh411]

A reputable malpractice attorney will provide an initial free consultation. Considering many malpractice lawsuits are taken on contingency, they don't want to waste their time if you have no case.

 

[ecmst12]

Why would you agree to receive treatment from a doctor who did not answer all of your questions?

 

[barry1817]

dental

I'm debating about doing that, just wondering if anyone has any tips before I get involved with a lawyer. I'm worried about the viability of my case (having read that med mal is particularly tricky, especially when staph infections are involved) and the fees... is it worth it?

You want to make sure that you have the specific code sections on sterilization and sanitization of a dental office, and that you then deal with any violations of the code section.

In a case that I consulted on, after a large legal firm gave up, I told the attorney the case hinged on 3 questions that needed to be asked and answered. I told him how I expected the the answers to be and the result was a huge settlement immediately because knowing/not knowing the codes and a dentist not knowing the codes goes to negligence, and there is no defense that an oral surgeon can use if he was negligence in his treatment, by definition, because of the code sections that often don't get followed.

There were code sections about the need for sterile gloves, for surgical procedures, and not the gloves that come in the boxes that most dentists use. Failure to use the proper gloves was evidence in the case of negligence, neglect and shifted the burden onto the dentist because there was no excuse not to follow code.

Now the burden would be on one to prove that, but that goes to asking the proper questions and either progressing with the case or dropping it based on the answer.

There are also continuing education requirements that must be met, or a dentist falls into negligence, and that is easy to get because those records must be kept for a few years should the dental board wish to see them, as license renewal poses requirements that these courses are taken.

And having served as an expert for the Cal. Dental Board, for board investigations, it was really amazing how many people don't know the rules and regulations that are necessary to follow in order to practice.

If you then have a dentist not up to code, on other issues, a jury will take it for granted that the quality of care was lacking as well.

Have to tell a good story.