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Oral Surgeon liable for damages resulting from an extensive delay in procedure?

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aminominous

Guest
What is the name of your state? California.

Here is my situation. Under Medi-Cal, I was undergoing orthodontic treatment, and had jaw surgery scheduled. However, after an initial visit with the oral surgeon, he delayed scheduling my surgery for two years and still to this day has not scheduled it.

I turned 21 in May of this year, which ceased my eligability for Medi-Cal. I was not aware of this, and was certain that I would be eligable until I was 22. The failure of the Oral Surgeon to provide me with a timely date for the prodecure despite repeated attempts to schedule it, and depite him knowing the ugency of the surgery, caused me to lose the opportunity to get the prodecure entirely.

Is the oral surgeon liable for the damage done to me by his lack of response?
 


vrzirn

Senior Member
No, he is not responsible.
You cannot force a surgeon to operate on you. He may have had some very good reasons for the delay.
It is your very own responsibility to be aware of the time frame for your eligibility. If the time ran out that is too bad. Two years is more than sufficient to find another surgeon more willing to do the procedure.
 

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