Dental malpractice

[nini2400]

What is the name of your state? Illinois

(I sent the first posting before I finished editing)
The dentist, who did quite a few crowns for me, accidentally over grinded three of my lower front teeth, they are now too small to hold the crowns. The reason he was grinding them was the crowns made for them had different shapes and color then the other correct ones, he was trying to reshape the teeth to fit the crowns.

He did not tell me about the mistake, instead, he tried to build up the teeth, that failed, he then tried to cut my gum to make more room for the crown (I figured out all of these later), I asked him why he was trying to cut my gum, he said that it was swallen, he needed to cut it down to make good impression, I didn't let him cut it.

I went to another dentist for evaluation of the condition of the 3 teeth, he told me indeed, they are too small, and I need to have implants. But he refused to say anything to that effect to a lawyer that I contacted.

Then my dentist and I had a meeting, at the start, he said the reason that my three front teeth ended up too small to hold the crowns was they were too broken up in the first place. But after a few exchanges back and forth, without me even mentioning law suit, he returned all of my payments for the 3 bad crowns and the 7 good ones (about $10,000, not including the 2005 and 2006 insurance money of $2,000), as he handed me the check, he said: "This should make up all your sufferings and inconviniences".

I couldn't find any lawyers nor expert witnesses so far. Can I ask himn to return the $2,000 to my insurance company? the work started in November 2005 and the last time I was there was April 27 this year.

I appreciate any advices, thanks.

 

[seniorjudge]

What is the name of your state? Illinois

The dentist, who did quite a few crowns for me, accidentally over grinded three of my lower front teeth, they are now too small to hold the crowns. The reason he was grinding them was the crowns made for them had different shapes and color then the other correct ones, he was trying to reshape the teeth to fit the crowns.

He did not tell me about the mistake, instead, he tried to build up the teeth, that failed, he then tried to cut my gum to make more room for the crown (I figured out all of these later), I asked him why he was trying to cut my gum, he said that it was swallen, he needed to cut it down to make good impression, I didn't let him cut it.

I went to another dentist for evaluation of the condition of the 3 teeth, he told me indeed, they are too small, and I need to have implants. But he refused to say anything to that effect to a lawyer that I contacted.

Then my dentist and I had a meeting, at the start, he said the reason that my three front teeth ended up too small to hold the crowns was they were too broken up in the first place. But after a few exchanges back and forth, without me even mentioning law suit, he returned all of repayments for the 3 crowns,o go), as he handed me the check, he said: "This should make up all your sufferings and inconviniences".

Glad to hear there was a happy ending to your story.

 

[barry1817]

dental malpractice

What is the name of your state? Illinois

(I sent the first posting before I finished editing)
The dentist, who did quite a few crowns for me, accidentally over grinded three of my lower front teeth, they are now too small to hold the crowns. The reason he was grinding them was the crowns made for them had different shapes and color then the other correct ones, he was trying to reshape the teeth to fit the crowns.

He did not tell me about the mistake, instead, he tried to build up the teeth, that failed, he then tried to cut my gum to make more room for the crown (I figured out all of these later), I asked him why he was trying to cut my gum, he said that it was swallen, he needed to cut it down to make good impression, I didn't let him cut it.

I went to another dentist for evaluation of the condition of the 3 teeth, he told me indeed, they are too small, and I need to have implants. But he refused to say anything to that effect to a lawyer that I contacted.

Then my dentist and I had a meeting, at the start, he said the reason that my three front teeth ended up too small to hold the crowns was they were too broken up in the first place. But after a few exchanges back and forth, without me even mentioning law suit, he returned all of my payments for the 3 bad crowns and the 7 good ones (about $10,000, not including the 2005 and 2006 insurance money of $2,000), as he handed me the check, he said: "This should make up all your sufferings and inconviniences".

I couldn't find any lawyers nor expert witnesses so far. Can I ask himn to return the $2,000 to my insurance company? the work started in November 2005 and the last time I was there was April 27 this year.

I appreciate any advices, thanks.

If he was returning all money for treatment he doesn't get to keep the insurance payments. That should be returned as well, because as long as the insurance paid for treament they will not pay for treatment a second time.

As to the teeth being to small, it is real simple, if he couldn't do the treatment he should have referred you out, and a specialist could have done the treatment. So if a specialist could treat, that makes him negligent on the treatment and negligent on the diagnosis.

It would be important to see the x-rays prior to starting your treatment, and it would important to see the informed consent that you should have signed.

I had a case where the dentist screwed up and rather than saying he was wrong he blamed the patient and said the patient's teeth were too small to work with. He lost in court and he lost big time. Again if he is coming back after the fact that the teeth are too small, etc. etc., that is an excuse that doesn't cut it. If he couldn't see the problems before he started that is really a problem with this dentist.

As to the teeth being broken down, I deal with so many dentists that successfully build up teeth that again his excuses don't ring true.

If you have any further questions I welcome being contacted directly.

[email protected]

 

[nini2400]

dental malpractice - returning insurance money

If he was returning all money for treatment he doesn't get to keep the insurance payments. That should be returned as well, because as long as the insurance paid for treament they will not pay for treatment a second time.

As to the teeth being to small, it is real simple, if he couldn't do the treatment he should have referred you out, and a specialist could have done the treatment. So if a specialist could treat, that makes him negligent on the treatment and negligent on the diagnosis.

It would be important to see the x-rays prior to starting your treatment, and it would important to see the informed consent that you should have signed.

I had a case where the dentist screwed up and rather than saying he was wrong he blamed the patient and said the patient's teeth were too small to work with. He lost in court and he lost big time. Again if he is coming back after the fact that the teeth are too small, etc. etc., that is an excuse that doesn't cut it. If he couldn't see the problems before he started that is really a problem with this dentist.

As to the teeth being broken down, I deal with so many dentists that successfully build up teeth that again his excuses don't ring true.

If you have any further questions I welcome being contacted directly.

[email protected]

Thanks Barry.
Should the dentist return the insurance money to me or to my insurance company? if he returns it to the insurance company, then I would loose the $1,000 for 2005.

He didn't give me any treatment plan nor any consent form to sign, just the estimates. I asked for my dental records, he said he had them stored somewhere outside of the clinic, I said it wasn't true, he then asked me to leave immediately, and to go back a week later to get the records.

What should I do if he altered my records? and how do I prove it?

The money he returned to me will just barely cover the 3 implants that I will need done, plus the wages that I will loose to have them done. If go with the small claims $10,000 in Illinois, and the operation for the implants go wrong, do I have any recourse after the settlement?

Thanks for your advices.

 

[barry1817]

dental

Thanks Barry.
Should the dentist return the insurance money to me or to my insurance company? if he returns it to the insurance company, then I would loose the $1,000 for 2005.

The money should be returned to the source that paid it

He didn't give me any treatment plan nor any consent form to sign, just the estimates. I asked for my dental records, he said he had them stored somewhere outside of the clinic, I said it wasn't true, he then asked me to leave immediately, and to go back a week later to get the records.

To say that he didn't have the records was obviously not correct.

What should I do if he altered my records? and how do I prove it?

To prove an alteration of records takes a forensic expert to deal with what is there and what is not there and can be done at times by comparison with other charts.

The money he returned to me will just barely cover the 3 implants that I will need done, plus the wages that I will loose to have them done. If go with the small claims $10,000 in Illinois, and the operation for the implants go wrong, do I have any recourse after the settlement?

When a person causes a problem it is usually the case that the funds paid for the original treatment will not cover the remake. That is why you need to consult with legal and not accept what is being offered, especially if this can be shown to be wrong.

Thanks for your advices.

Malpractice legal actions need to show that the treatment was not acceptible, that the treatment is the cause of the problems and that there is a financial component. Seems that you might be able to show that.

There is a problem here with lack of informed consent, with chart not being there when asked for and the potential that you feel something was changed.

It would be very beneficial to put together your own time line, now while things are fresh, so that you have an objective basis of comparison for what did occur and differences in the chart.

[email protected]

 

[moburkes]

Thanks Barry.
Should the dentist return the insurance money to me or to my insurance company? if he returns it to the insurance company, then I would loose the $1,000 for 2005.

He didn't give me any treatment plan nor any consent form to sign, just the estimates. I asked for my dental records, he said he had them stored somewhere outside of the clinic, I said it wasn't true, he then asked me to leave immediately, and to go back a week later to get the records.

What should I do if he altered my records? and how do I prove it?

The money he returned to me will just barely cover the 3 implants that I will need done, plus the wages that I will loose to have them done. If go with the small claims $10,000 in Illinois, and the operation for the implants go wrong, do I have any recourse after the settlement?

Thanks for your advices.

If the insurance company paid him, then he needs to reimburse them, not you. I'm not sure what you mean about losing $1000 for 2005.

 

[averad]

When you called your Insurance customer service what did they say?

 

[nini2400]

Malpractice legal actions need to show that the treatment was not acceptible, that the treatment is the cause of the problems and that there is a financial component. Seems that you might be able to show that.

There is a problem here with lack of informed consent, with chart not being there when asked for and the potential that you feel something was changed.

It would be very beneficial to put together your own time line, now while things are fresh, so that you have an objective basis of comparison for what did occur and differences in the chart.

[email protected]

I went to get the records today like he told me to last Thursday, but when I got there, he said he has given all of my records to his lawyer, if I needed my records I must go to his lawyer.

When I said I was entitled to have my records from him, he shoutedat me to vacate his clinic and to wait outside, a few minutes later, the nurse came outside to give me a copy of a x-ray, and a release form stating that I received all the records.

Well, the x-ray was for other teeth, and there was nothing other than this wrong x-ray, I refused to sign the form, she took the x-ray went back in, when she came back out, she said she would call me next Friday when she has my records ready. Before she could finish talking, he stuck his head outside the door and shouting at her to " get back in here".

I will go back there next Friday, iI doubt very much that I would get the proper records. What's the best way to go to get my records?

I have not called my insurance company yet, should I at this point?

I know I have a case, but without expert witness, there is nothing I can do, I can't even go to the small claims court. Right???

Since he returned my payment, that makes it even more difficult to find a lawyer to take my case.

I said "I would loose the $1000 from 2005", I meant the year 2005 dental coverage $1000 is lost forever, because 2005 is gone.

Thanks to all of you who replied.

 

[barry1817]

dental

First, refunding the money doesn't negate the damages that were done
Second, you should not be signing any waiver for treatment and make sure that you get copies of anything you sign

third, you will need an expert and a malpractice attorney would have those experts to assist in the case.

Fourth, document what is going on so that you have a record and note that records aren't being given, not on premises, and any other comment that you deem appropriate, and when asked why, you can state that much like a doctor has records of what is treated, you didn't want to rely on memory but noted what was happening as it was fresh in our mind.

Fifty, make sure to explain to legal that your damages are what it takes to repair the damages, and from what you have said, this might be extensive.

If you have further questions feel free to contact me directly

[email protected]

 

[nini2400]

First, refunding the money doesn't negate the damages that were done
Second, you should not be signing any waiver for treatment and make sure that you get copies of anything you sign

third, you will need an expert and a malpractice attorney would have those experts to assist in the case.

Fourth, document what is going on so that you have a record and note that records aren't being given, not on premises, and any other comment that you deem appropriate, and when asked why, you can state that much like a doctor has records of what is treated, you didn't want to rely on memory but noted what was happening as it was fresh in our mind.

Fifty, make sure to explain to legal that your damages are what it takes to repair the damages, and from what you have said, this might be extensive.

If you have further questions feel free to contact me directly

[email protected]

But I can not find any attorneys to take my case. I have contacted 4, they all stated that the money involved wasn't big enough to worth their while, one of them after listening to what had happened, said: "Is that all that had happened?"

And the two new dentists that I visited and had evaluated the condition of my teeth would not be my expert witnesses, they did not even write the diagnosis down for my file, even though they told me these teeth were too small and that they needed to be replaced by implants.

 

[barry1817]

dental

But I can not find any attorneys to take my case. I have contacted 4, they all stated that the money involved wasn't big enough to worth their while, one of them after listening to what had happened, said: "Is that all that had happened?"

And the two new dentists that I visited and had evaluated the condition of my teeth would not be my expert witnesses, they did not even write the diagnosis down for my file, even though they told me these teeth were too small and that they needed to be replaced by implants.

So when the dental establishment tells people not to go out of the country for lower cost treatment, because there is no recourse, don't you just love that BS as you can't get your problem resolved.

As to the dentists who saw you afterwards, they had to have notations about why they would treat, and that would be a part of the records

As to sending your chart to the lawyer, without a legal case pending I would ask the dental board about violating your privacy, HIPAA, as I don't think you authorized your records to be sent or for this party to have them.

So as to the problems that occur, this dentist just gets deeper and deeper into problems with how he treated you both in your mouth and outside your mouth.

[email protected]

 

[nini2400]

If the insurance company paid him, then he needs to reimburse them, not you. I'm not sure what you mean about losing $1000 for 2005.

I said "I would loose the $1000 from 2005", I meant the year 2005 dental coverage $1000 is lost forever, because 2005 is gone.

But, I really can't figur.e out if he should return the money to my insurance company or not, I will call my insurance company.

 

[nini2400]

When you called your Insurance customer service what did they say?

I have not called my insurance company yet, I will soon.

 

[moburkes]

I said "I would loose the $1000 from 2005", I meant the year 2005 dental coverage $1000 is lost forever, because 2005 is gone.

But, I really can't figur.e out if he should return the money to my insurance company or not, I will call my insurance company.

He needs to return the money to whomever paid him. Since you didn't pay him (you've received all of the money you gave him), you don't get more money.

Yes, your dental coverage is gone for 2005, but you should have it again for 2006, so once he returns the money to the insurance company, and if you decide to get the procedure down again (corrected, whatever), then you will be able to use the $1000 coverage, again.

 

[nini2400]

So when the dental establishment tells people not to go out of the country for lower cost treatment, because there is no recourse, don't you just love that BS as you can't get your problem resolved.

As to the dentists who saw you afterwards, they had to have notations about why they would treat, and that would be a part of the records

As to sending your chart to the lawyer, without a legal case pending I would ask the dental board about violating your privacy, HIPAA, as I don't think you authorized your records to be sent or for this party to have them.

So as to the problems that occur, this dentist just gets deeper and deeper into problems with how he treated you both in your mouth and outside your mouth.

[email protected]

He promised Friday, Friday came and went, no records.

I will write to him with registered mail asking for the records, if he doesn't give them to me, I will then report him to the dental board. thank you, Barry.