Need oral surgery because of poor dental work

[Gohurdler1]

What is the name of your state?What is the name of your state? CALIFORNIA

Hello All,

In 2004 I had root canals done on two teeth along with two over priced crowns put because the dental office said they would outlast the cheap ones etc. Well a short time after the procedures were done I noticed a black hole on one of the crowns. I put two and two together and realized that was were the dentist had grinded the crown. Well when he did the grinding he obviously damaged the crown. I then refused to pay and told them this was the second time that their office had screwed up on me within a 5-6 time frame. I refused to pay and they have sent the bill to collections and have threatened to take me to court. This past weekend I woke up with a shooting pain in my upper left side of my mouth and my cheek had ballooned and I looked like a bloody chipmunk. I saw another dentist and he said that I had a cyst and that the crowns were improperly put on and that it looked like the original dentist either didn’t drill far enough or to far. He said that I would need to see a specialist and that I would need an apicoectomy because I could lose the affected teeth.

As of right now I don’t have insurance and when I had gone to the original dentist I had to sign a oh you can’t take us to court but instead you have to take us to arbitration (can’t recall if it was with their arbitrator or not). I was wondering if that agreement holds any weight? I was thinking about taking them to small claims to have their bill dropped and to have them pay for the surgery that I will need. Or should I wait for them to sue me and then counter sue them in the process?

Thanks,

 

[barry1817]

dental problem

What is the name of your state?What is the name of your state? CALIFORNIA

Hello All,

In 2004 I had root canals done on two teeth along with two over priced crowns put because the dental office said they would outlast the cheap ones etc. Well a short time after the procedures were done I noticed a black hole on one of the crowns. I put two and two together and realized that was were the dentist had grinded the crown. Well when he did the grinding he obviously damaged the crown. I then refused to pay and told them this was the second time that their office had screwed up on me within a 5-6 time frame. I refused to pay and they have sent the bill to collections and have threatened to take me to court. This past weekend I woke up with a shooting pain in my upper left side of my mouth and my cheek had ballooned and I looked like a bloody chipmunk. I saw another dentist and he said that I had a cyst and that the crowns were improperly put on and that it looked like the original dentist either didn’t drill far enough or to far. He said that I would need to see a specialist and that I would need an apicoectomy because I could lose the affected teeth.

As of right now I don’t have insurance and when I had gone to the original dentist I had to sign a oh you can’t take us to court but instead you have to take us to arbitration (can’t recall if it was with their arbitrator or not). I was wondering if that agreement holds any weight? I was thinking about taking them to small claims to have their bill dropped and to have them pay for the surgery that I will need. Or should I wait for them to sue me and then counter sue them in the process?

Thanks,

First you will want to have the documentation from your new dentist that the first dentist created a problem, crowns not seating, etc. This is because with any legal action you should have an expert detail the problems.

As to the black spot on the crown, it would seem that the crown wasn't prepared properly, or the lab didn't keep the metal thin enough, causing the dentist to have to grind off the porcelaine in that spot--would not affect the crown except for cosmetics, but taken in context with the rest of the treatment, it wasn't what you were expecting, nor was it proper, especially if you weren't informed about this at the time the crown was cemented.

As to the tooth needing surgical treatment, the quality of the treatment can not be determined without x-rays, but x-rays would reveal if the filling was not to standards expected for a specialist, and you should have those x-rays from your new dentist.

The case may be far in excess of a small claims court, and would preclude you from coming back if you didn't get this resolved. Unfortunately the case may be too small for lawyers to want to take. So much for the quality of care and the concerns about having less expensive treatment done abroad.

ARbitration agreements can be discarded, depending on the circumstances of the signing of them, but they do provide a quicker less expensive way to resolve a problem. In reality I don't think that the first dentist is going to do anything unless he gets a letter from an attorney detailing the specific legal action that is planned.

 

[Gohurdler1]

Dental PAIN

Hello Barry:

Well I shouldn’t have to pay a bill for substandard work that has resulted in pain and suffering and will need surgery to correct. Secondly do you think it’s realistic that I could force the dental office to pay for the surgery that I need? Can the California Dental Board after investigating force them to pay or do they only give disciplinary actions? Can the ADA do anything (having them pay for the surgery)? I also checked on the Better Business Bureau's website and the dental chain has an F rating.

I don’t know what kind of detailed notes the doctor I saw took.

Thanks

 

[barry1817]

dental pain

Hello Barry:

Well I shouldn’t have to pay a bill for substandard work that has resulted in pain and suffering and will need surgery to correct. Secondly do you think it’s realistic that I could force the dental office to pay for the surgery that I need? Can the California Dental Board after investigating force them to pay or do they only give disciplinary actions? Can the ADA do anything (having them pay for the surgery)? I also checked on the Better Business Bureau's website and the dental chain has an F rating.

I don’t know what kind of detailed notes the doctor I saw took.

Thanks

If you checked the group out after, and found the rating, then you might have a better case in that the group may have been warned to come up to standards, and to continue to treat in such a poor manner afterwards, shows a continued disregard for patient care, which could make the issue of punitive awards something to look into.

I worked on a case such as this, and the amount of code violations that were found, on top of being warned made for a most interesting case as the office was trying to justify the problems, which never were corrected. Needless to say, if this went in front of a jury there would have been no sympathy for the dental office.

If you want to contact me off site, it will keep names of office and other issues confidential, and if you are looking to pursue this case, be aware that you have a time limit to file a case, and that you will need a dentist to make an initial report citing his findings.

As to making a complaint with the dental board, they can take action against the dentist, but that will not do you much good, as they work for the state, not the individual. If you go to peer review, you could get funds back, if they belong to peer review, but no damages can be awarded.

These cases are very interesting because the state is on record as knowing the problems with these offices, but not really doing anything about it, which might make them liable as well, because the dental board's failure to act, to warn patients, causes them harm, and they have stated that they don't like to close these clinics down because then "poor" people would have no place to go. Doesn't seem like that is the excuse that you want to hear from the state, charged with protecting your safety, when you get harmed.

Look forward to hearing from you.

 

[Gohurdler1]

Hello Barry:

Well I can’t afford an attorney and I recently received some of my medical records from the dental office. The agreement I signed states that I can not sue and that the sole method for resolving the dispute is through arbitration through the American Arbitration Association. The arbitrators involved have to be dentists. The loser has to pay attorneys fees and the arbitrator’s fees. I can’t afford a lawyer and it seems like I might get screwed by having dentists rule on this case. It sounds like I would need an attorney and I can’t afford one and the agreement says that the most I can get is $5,000 so no attorney is going to take the case on contingency.

I wanted to file a complaint with the California Dental Board and have them find them at fault then use that as part of any case but with that agreement it seems like I can’t even take them to small claims. And I really don’t know if the dentist that I have seen will write a statement saying what he told me.

I don’t want to pay for the poor work that was done and I want them to pay for the surgery that I will need for the work they did.

Thanks,

 

[barry1817]

Hello Barry:

Well I can’t afford an attorney and I recently received some of my medical records from the dental office. The agreement I signed states that I can not sue and that the sole method for resolving the dispute is through arbitration through the American Arbitration Association. The arbitrators involved have to be dentists. The loser has to pay attorneys fees and the arbitrator’s fees. I can’t afford a lawyer and it seems like I might get screwed by having dentists rule on this case. It sounds like I would need an attorney and I can’t afford one and the agreement says that the most I can get is $5,000 so no attorney is going to take the case on contingency.

I wanted to file a complaint with the California Dental Board and have them find them at fault then use that as part of any case but with that agreement it seems like I can’t even take them to small claims. And I really don’t know if the dentist that I have seen will write a statement saying what he told me.

I don’t want to pay for the poor work that was done and I want them to pay for the surgery that I will need for the work they did.

Thanks,

A civil lawsuit is normally a contingency fee whether there is no money out unless the case is won, and then the fees come from the settlement.

As to the arbitration clause, to have an arbitration clause that precludes having the damages you suffered fully compensated for can/should be overturned, and may not be found to be binding.

Again, pending on what clinic you went to, the state may have the reports that the clinic has been treating in a substandard manner for years, which shows an ongoing pattern of negligence and incompetency, and also opens up punative damages because of the on going pattern of actions, the warnings to correct and the failure to correct the problems.

Again, when you are getting into the nuts and bolts of potential litigation I have asked that you can contact me directly so that potential strategies, and other communications do not become public knowledge which could compromise any potential action you take,

There are lawyers that will take contingency cases, and I would suggest finding someone that can legally direct you in this matter.

A lawsuit will not preclude board action, but again board action will not get you what you are looking for.