Where To Get Help
THE AMERICAN DENTAL ASSOCIATION HAS A CHAPTER IN EACH STATE, SUCH AS TENNESSEE. EACH STATE HAS SET UP A PEER REVIEW SYSTEM FOR PATIENTS WHO ARE UNHAPPY WITH DENTAL WORK AND WHO WANT TO FILE A COMPLAINT. IT IS FREE. ONCE YOU FILE YOUR COMPLAINT FORM, THEY WILL GET ALL RECORDS FROM THE DENTIST FOR YOU. THEY WILL SEND THE CASE TO A REVIEW PANEL OF DENTISTS, HAVE THE PATIENT COME IN FOR AN EXAM, ETC. IF THEY RULE THE DENTIST WAS AT FAULT, THEY CAN MAKE HIM REPAY YOU OR REDO THE WORK OR PAY FOR YOU TO GO TO SOME OTHER DENTIST TO HAVE THE WORK DONE. THEY WILL NOT, HOWEVER, AWARD PUNITIVE DAMAGES. ALSO, YOU MUST SIGN A WAIVER THAT YOU ARE DOING THIS IN LEU OF A LAWSUIT. BUT IT IS FREE. IF IT WAS AN ADULT TOOTH THEY PULLED, SHE WOULD PROBABLY HAVE TO HAVE A BRIDGED TOOTH PUT IN ANCHORED TO HER REAL TEETH ON EITHER SIDE. THAT WOULD FILL THE SPACE AND IF DONE RIGHT WOULD LOOK NATURAL, BUT IT DOESN'T MAKE UP FOR LOSING A REAL TOOTH.
YOU CAN ALSO CONTACT THEM TO COMPLAIN THAT A DENTIST IS NOT GIVING YOU YOUR DENTAL RECORDS AND THEY CAN ASSIST IN GETTING THEM FOR YOU. IF YOU HAVE NOT ASKED THE OFFICE AGAIN FOR THE RECORDS YOU MAY TRY ASKING ONE MORE TIME FIRST.
IF YOU WANT TO SUE, FIRST YOU NEED TO GO TO ANOTHER DENTIST AND FIND OUT EXACTLY WHAT WAS DONE AND WHAT WAS DONE WRONG SO YOU KNOW YOU HAVE GROUNDS FOR A LAWSUIT. YOU COULD GO TO SMALL CLAIMS COURT, BUT THERE IS A MAXIMUM AWARD (A COUPLE THOUSAND DOLLARS) WHICH VARIES FROM STATE TO STATE.
YOU COULD ALSO FILE A CIVIL SUIT IN STATE COURT, BUT YOU WOULD NEED TO HIRE AN ATTORNEY THAT HANDLES DENTAL MALPRACTICE LAWSUITS. YOU COULD SUE FOR DAMAGES THEN. IF YOU ARE INTERESTED IN THIS, MOST ATTORNEYS IN THE PHONE BOOK OR THROUGH THE BAR ASSOCIATION ATTORNEY LOCATOR SERVICE OFFER A FREE CONSULT OF 15 MINS TO 1 HOUR. THEY WILL LET YOU KNOW REAL FAST IF YOU HAVE A CASE AND WHETHER OR NOT THEY WOULD HANDLE SUCH A CASE FOR YOU. YOU WOULD HAVE TO PAY THE ATTORNEY MOST LIKELY ON A CONTINGENCY BASIS, WHICH MEANS THEY TAKE A PERCENTALGE OF THE FINAL AMOUNT WON IN THE SUIT (20-50%).
YOU SHOULD DO SOMETHING, BECAUSE SOMETHING IS NOT RIGHT WHEN SHE IS WALKING AROUND WITH A MISSING TOOTH.
ALSO, NO MATTER WHICH OPTION YOU CHOOSE TO PURSUE, THERE ARE TIME DEADLINES INVOLVED FOR THE PEER REVIEW CASES, FOR FILING A LAWSUIT, ETC. SOME CAN BE AS SOON AS 1-2 YEARS. SO YOU WANT TO DO SOMETHING SOON OR YOU MAY GO PAST THE DEADLINE.
ALSO, MAKE NOTES OF EVERYTHING THAT HAPPENED, WHAT THE DENTIST SAID, DID, WHEN, ETC. WRITE DOWN THE DATE YOU CALLED OR ASKED FOR RECORDS, WHAT THEY SAID, ETC. YOU WILL NEED THIS TO PURSUE ANY THE OPTIONS I MENTIONED AND THE MORE TIME THAT PASSES, YOU ARE LIKELY TO FORGET DETAILS THAT LATER WILL BE IMPORTANT.
I GOT THIS ONLINE. IT GIVES THE TENNESSEE ASSOCIATION PHONE NUMBER. PUT AMERICAN DENTAL ASSOCIATION TENNESSEE IN ANY SEARCH ENGINE AND YOU WILL FIND MORE...OR CALL THEM.
A patient who believes that dental work has been done improperly should initially file a complaint with the Tennessee Dental Association, 615-383-8962. The Tennessee Dental Association will send the patient a form to fill out. The chairman of the peer review committee in the local area where the patient resides reviews the complaint and appoints a committee member as a mediator between the patient and the dentist. If the problems are not resolved, each member of a 3-member peer review committee performs a clinical exam on the patient and gives his or her individual opinion of the work and attempts to resolve the situation.
Of course, if that is not successful, the patient may file a suit for damages. In some cases, the amount of damages (amount the patient has to pay another dentist to correct the work) is low enough to be within the jurisdiction of general sessions court ($25,000).
The patient must show proof that the services performed by the dentist were below standards of the profession. This requires an opinion of another, reputable dentist. Getting a second dentist willing to testify is a problem, even when the patient is willing to pay. This is why using the complaint procedures through the Tennessee Dental Association is the best advice especially if the damages are modest.
In the event of a problem of very serious and/or permanent injury, a malpractice claim may be appropriate.