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dental question...

  • Thread starter beingmeonly2003
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beingmeonly2003

Guest
Tennessee,Hello this is my question,my daughter who is turning 17 in 2 weeks has been going to her dentist since she was 3 years old.Last august 2003 I took her in for a routine appt for a cavity to be filled,well the event turned out to be that she had a adult tooth trying to come through so they said she needed the baby tooth to be pulled,now 1 year later the tooth hasnt came in yet,I decided to set my 5 year old up for his first visit,well while I was there I explained this problem to them,and said I would set her up a appt,they couldnt seem to find any of her records or my sons whom has also went there since he was 5,and is now 11,they took my number and said they would call me,and that they would look for there records,2 weeks later I havent heard from them,does this seem strange??well I have set up a appt with a diffrent dentist at the end of this month,if this was a adult tooth that they pulled,which is up front,and she has had a hard time being embarrased,senior pics were horrible because she didnt want to smile,and has cryed sevral times.So my question is do I have some legal right to do something,if this was a mistake??she is only 16 and has her life ahead of her.thanks for any replies...
 


Shay-Pari'e

Senior Member
beingmeonly2003 said:
Tennessee,Hello this is my question,my daughter who is turning 17 in 2 weeks has been going to her dentist since she was 3 years old.Last august 2003 I took her in for a routine appt for a cavity to be filled,well the event turned out to be that she had a adult tooth trying to come through so they said she needed the baby tooth to be pulled,now 1 year later the tooth hasnt came in yet,I decided to set my 5 year old up for his first visit,well while I was there I explained this problem to them,and said I would set her up a appt,they couldnt seem to find any of her records or my sons whom has also went there since he was 5,and is now 11,they took my number and said they would call me,and that they would look for there records,2 weeks later I havent heard from them,does this seem strange??well I have set up a appt with a diffrent dentist at the end of this month,if this was a adult tooth that they pulled,which is up front,and she has had a hard time being embarrased,senior pics were horrible because she didnt want to smile,and has cryed sevral times.So my question is do I have some legal right to do something,if this was a mistake??she is only 16 and has her life ahead of her.thanks for any replies...

Your insurance company will have records of the procedures your daughter has had. Get a full evaluation from a different dentist, and go from there.
 

oracle117

Member
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.
 

ellencee

Senior Member
beingmeonly2003
I suggest that you meet with a malpractice attorney who has experience with dental matters and that you do so as soon as possible. Not only do you need to verify the appropriate statute of limitations, but you need to gain restorative treatment for your daughter as soon as possible so that she can have her senior pictures made again and submitted to the yearbook publisher by the last 'late' deadline. Your insurance carrier may be reluctant to pay in full for cosmetic procedures and your attorney can facilitate your daughter's receiving the replacement of her choice.

Your daughter's dental records may have already been sent from her dentist to his or her liability insurance carrier. If so, an attorney will be able to obtain copies of the records via the legal process.

Take recent photographs of your daughter (smiling--showing her teeth) to her new dentist and have that dentist state whether or not the now-missing tooth appears to be an adult tooth and did not need to be pulled for any reason.

Some people are against dental implants and I risk their ire in stating this--but--an implant for this one tooth would be less destructive to her overall dental health. Replacing the tooth via a bridge and crown will destroy the tooth on either side as it will be ground into spikes and used as anchor teeth. Over time, the gum is going to recede slightly with either procedure but will be less obvious with only replacing one tooth. Your daughter will have future dental costs in maintaining the replacement tooth and that should be included in calculating the damages.

Best wishes,
EC
 
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ellencee

Senior Member
beingmeonly2003

I have another suggestion--
To make sure her senior photos are in the yearbook, etc. and are to her liking, have a photographer fix the photo by adding the tooth. With today's technology, her photograph(s) will be ready in a day's time.

EC
 
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beingmeonly2003

Guest
dental question

Thanks to all who posted back,yes I have her a appt at the end of august,I may try and move it up a bit,so time dont go by.As far as her senior pics everyone of them she wouldnt open her mouth and smile.But plan to have them remade.I found today her paper that shows the work they did and a diagram of her tooth extracted so I have the proof of that.I plan to call tommrow and ask if they found her records as my sons too.Im not out to make money but too fix this problem,she is too young for this to happen,and would require something to be done to replace it.I think they should have made her a appt,regardless that her records were missing.I will keep ya posted on this,and thanks for all your replys.
 

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