dental malpractice

[d.w. wilson]

Hi Folks, -Nevada- First court action, appreciate all advice.

* Paid $2,462 for adjust on new dentures from another dentist-
* After 16 visits and 3-1/2 mo., nothing was done except temp. soft liners and the lower plate being rebuilt-
* Dentist initially determined to rebuild lower plate even though my only complaint was of excess overbite and pressure on my upper frontal lip-
* A few visits later, the Dentist said to me: "I made a mistake by moving the lower plate forward, I should have moved the upper plate back."-
* During my final visit he made the same statement in front of my wife-
* He then solved my pressure problem by cutting away the entire front of the upper plate down to the roots of the four front teeth. That left the dentures totally unusable - as in "destroyed"-
* His solution was that he would redo the lower and I pay additional $1,604 to correct the upper-
* My only option then was to go to another Dentist and get new dentures. Total cost including adjustments was $850-
* Sent written demand for refund - no response-
* Feb. 5, 2003 I filed Small Claims. Hearing was Apr. 23, '03-
* At the hearing, Defense Atty. asked for dismissal on grounds that I had filed improperly-
* Motion was granted, without prejudice, court to determine whether to continue or to move to Civil Court.-
* On May 2, '03, submitted a request for review to NV State Examiner's Board-

Do I have any chance of winning without an Attorney? No objection to Atty. but fees may offset the intent if case is lost, and I don't want to gamble on creating my own Waterloo.

Thanks you sincerely... d.w.

 

[JackSchroder]

It sounds as if the court left you a chance to get an attorney to overcome the dismissal. In the San Francisco yellow pages is a lawyer named Zinman, I think. He's the last one on the list of malpractice lawyers. If he can work in Nevada, you ought to run your case by him. If not, then look for a malpractice lawyer in Nevada. Your case could still be alive. It's not worth Fort Knox, but a hungry lawyer might go for it. You have lost time from work, I hope?

 

[d.w. wilson]

Thanks Jack, nope, no lost time. I'm a retired, honest old geezer who hates to be ripped off. Think i'll go to the univ. law library at UNLV and get some inside scoop on local atty's. 'preciate it...

 

[d.w. wilson]

* Received E-notification that "MartL" has responded to this post, but when i check no response comes up! Really would like to have any added info. MartL please Re-Post or maybe it's a problem on this end.

Update: At hearing on April 23 the Defense Atty. submitted "Motion to Dismiss", I didn't have an Affidavit. Judge will consider and set new date to further direct. May go to Civil Court (I hope so). The motion contains a treasure of false testimony by the Dentist, including 'personal slander', animosity, and bias that he had totally concealed from me.

With that, i filed for review with NV State Board of Dental Examiners and have prepared Motion to postpone Hearing date for Board Finding.

I now have a clear objective: Plan is to see this through on my own no matter how long it takes. Recovery of my confiscated funds is important but is now secondary.

The real test is to learn whether an honest citizen, armed only with pure truth, facts, sworn testimonies, and unquestionable physical evidence can prevail against the maze of legal mousetraps designed to destroy people like me.

No, I am not bitter. Am now comfortable enough to actually be enjoying this. I have never believed that this could be successfully done and very likely it can't. At least, after 69 years I have the opportunity to know for sure.

Will post further updates as things unfold - Thanks All!!

 

[hmmbrdzz]

Hi d.w. MartL will no longer be posting. He/she was a porn advertisement posting all over freeadvice.com, and all notes have been removed and their membership terminated. LOL ! Good luck with your pursuit. Hope you get the Board of Dentistry on your side and your money back plus pain and suffering.


hmmbrdzz

 

[JackSchroder]

I guess you haven't found a lawyer? Well, it's a tough row to hoe, but maybe you can do it. At least you can let the ******* know he's not going to escape without a fight. Go get him.

 

[d.w. wilson]

Sure do appreciate your responses, morale support, and report on that porn clown.

Jack, I decided not to go the Atty. route. It's not a closed subject but I'm sure the fees would absorb any wins and a loss would eat into my Grandkids future goodies. Would consider any ideas on an affordable Atty. Las Vegas is a 'Lawyer's Heaven'. They can pick and choose here.

I'll give 'em my best shot! I have led the charge on industrial type matters in some demanding situations up to Pentagon level and never came away hurt. I believe i can do this one. Biggest obstacle is that the insurance co. and their lawyers have endless resources and, being insiders, they can reload and fire at will.

Thanks to both - Will keep you posted.

 

[d.w. wilson]

Hi Folks... been a long time but will update on this and hopefully one day I can post info that will help someone.

* Found a nice lawyer who gave me some free time- he agrees with others that I am in the money zone where the best I can do is break even either way I go, with or without an atty.

* Filed for Dental Peer Review and it was obvious that they fully agreed with me. Then maybe something happened-they went into the stall and delay mode.

* At this point the Peer Committee has not responded to two weeks phone calls for case status. They still may come thru as the dentist and his ins. lwyrs have hit them with some new low-level lies so maybe they have dazzled them.

Anyway, I'm still in top form for giving the #%$^&$'s all the stomach acid possible.

Very soon I will reactivate my Small Claims case with or without the Peer decision. At that time the lying scumbags are set to file further motion to dismiss. This is all they can do and will continue to do until I die unless I get an honest Judge with the courage to make a decision. They have never denied their obvious guilt.

All comments welcome! More later ........

 

[d.w. wilson]

NEW UPDATE: At the second hearing, last week, I was awarded a decision for my full claim!

Must not include details yet as they have option to appeal, and it could be moved to District Court. I will not mind if that happens - then, I could really have my day in court (win or lose!).

It's a long story and will take a long time to sort out and document but a winning combo appears to be:

* Be sure that you are right.
* Be 100% dedicated.
* Be 100% honest - do not lie or exaggerate.
* Keep meticulous records and notes and use them sternly!

I now know that Jerry Spence was correct when he said: "It is extremely difficult to present an effective defense against an HONEST person"! d.w.

 

[d.w. wilson]

The dentist has filed an appeal. That hearing is scheduled for late April.

Local TV ran a 2-part story this week on their investigation of some local dentists and it was not very complimentary.

 

[d.w. wilson]

Appeal Hearing was scheduled for tomorrow morn., April 21 at 0900. At 2:15 PM today I received call from court that defendant has obtained a continuance. I fully expected this because they have NO defense and they are struggling by on last minute delays.

Will appreciate input on how many stalls they are allowed, what other tricks I may expect and how I may attempt to head them off at the pass. I'm still having fun! thnx.

 

[JackSchroder]

The defense lawyers know you do not have a lawyer, and they will stall for as long as they can. All you can do is sit there and be stubborn. Chances are after a long stall the defense will give in and make their appearance. Appeals courts work on "briefs" or written accounts. You should get one together. Make it short and to the point. No emotions. Copies of documents that show the facts. Ad then sit back and wait for the court's verdict. That may be another six to ten months. Hang in there old boy.

 

[coosi]

d.w.

Thanks for continuing to share your story. It's fascinating and encouraging!

Good Luck!

 

[d.w. wilson]

Thanks, Guys!

Jack, that is valuable info. - the kind of stuff I need.

Anyone know an Inet site address where one can find definitions and explanations of legalese so I can understand some of the tricks they toss at me?

Thanks to all.....

 

[coosi]

This one's good for definintions

www.lectlaw.com/def.htm -

You may have seen these

www.megalaw.com/nv/nvcourts.php

www.findlaw.com/11stategov/nv/courts.html

www.legaltrek.com/HELPSITE/States/Nevada.htm

www.mcandl.com/nevada.html