dental malpractice

[d.w. wilson]

Jack... am working on the "Brief - hope I can get it right.

Today I received copy of defense's basis for continuance motion. It included their "Statement of Facts" that I described in post #4 as being a generally false document of lies, slander, and insinuations.

Now, it seems that I must send my itemized response to the Judge so that at least he will have the truth in hand? I have avoided addressing this subject in detail to the court as it seems demeaning to address their nonrelevant and baseless personal attack on me.

Will appreciate advice whether to send before May 25 Hearing or pound them at the hearing.

Also, should I send my Brief or hand-carry to hearing? thnx

 

[d.w. wilson]

Update (Nevada)
Did the appeals trial yesterday and to receive decision in about a week.The score was about 38 to 1 my favor - hope the Judge saw it that way!

 

[d.w. wilson]

This is a courtesy update for all those interested in this case. Appeals decision was to have arrived June 2-4 but not yet. On June 10 it had not been mailed.

 

[MandyD]

Keep posting d.w. I just saw this and am really rooting for you. I hope you hear something soon.

 

[d.w. wilson]

Thanks MandyD. I called yesterday (Monday) and was told that the finding was mailed last Friday. Didn't receive today but then it is about 25 miles between P.O.s so maybe tomorrow.

 

[d.w. wilson]

OK Folks, the finding is in: "The Court finds in favor of the Defendant whereby the Plaintiff (me) will take nothing by way of his complaint"

I suppose the Judge confused it with another case as he used three "new" lies to justify his decision. No surprise though, I immediately realized at the beginning of the appeal hearing that the fix was in.

It seems that I cannot contest the finding so have obtained an Atty. and will
now pull all stops. Do not know where I can go now but it will be onward and upward.

Will keep you posted as permissible. Will appreciate any advice or suggestions.
Private message is OK if you prefer.

 

[d.w. wilson]

Nevada..... With counsel assistance we determined that to continue with appeal and another hearing would cost up to $4,000 and most likely be before the same judge who just socked it to me.

I am already over $5,000 into a $2,500 case which was easily awarded to me at the initial hearing then taken away on appeal under totally false statements. I am convinced that to continue within the legal system would be a train wreck for me. The system has built-in assurance for dishonest, crooked lawyers and their clients to systematically squash people like me. This doesn't mean that I quit, only that I am regrouping and will attack the corruption from the outside rather than from the inside.

My best advice now is to check all angles and be sure before you enter any agreement. Always assume that you are dealing with a crook, when preparing to make your decision. Your chances in court are a toss of the coin.
I was very wrong in my earlier thinking that truth and honesty has to prevail in court. I found myself alone, surrounded by perpetual liars who were never questioned.

Am pleased to report a good note: In this experience I have already become acquainted with two different lawyers who have impressed me as being honest, ethical and morally upright guys and deserve this thumbs-up.

 

[d.w. wilson]

First, a correction. In my post of July 02 I wrote "I was very 'wrong' in my thinking that truth and honesty has to prevail in court". I was not wrong! I did prevail in court in every respect. In the first hearing their motions to dismiss were both denied. At the second hearing I was correctly awarded the full claim. At the appeal hearing it was all taken away under the same lies that gave me the award. That, even after the defendant made a statement that was exactly the same as saying "I am guilty"!

Am now in process of trying to break through the blockades to get into public records and prove my claims, that will take weeks for sure, then more weeks or months to run it by proper authorites. Am anxious to post something good but I'm not so confident now that it will ever happen. I won't quit 'til it's clearly over.

 

[Merriweather]

Dentist and Your Claims

One of the principles relating to loss and damage and personal injury laws and the pursuit of litigation as a means of resolving such disputes is that you demonstrate to the court your attempts and willingness to mitigate your own losses.

There is little value in attempting to conduct your own case when there is a plethora of lawyers out there who will take on your matter if it is properly explained to them. The other thing you must remember is never to try to teach them how to run the case.

You have every right to explain in detail what had happened to you and to provide as many affidavits in support of your claims. But if you leave it much longer and do not file properly (including proper lodgement of uor forms and appropriate procedure) you will annoy the courts and not endear yourself to anyone.

Hope it helps.

 

[d.w. wilson]

Thanks for the assist Merriweather. I need all help I can get as I have no prior experience and very little understanding in court procedings. Before filing I did attempt to settle with the dentist. When that failed I went to the Dental Peer Review who obviously agreed with me but then suddenly without explanation, they ceased all communication and returned no calls.

I talked with two recommended lawyers who weren't interested since it would cost me more than the case was worth. I received three separate referrals from State Bar Referral and not one of them contacted me for consultation.
Not suggesting that I did everything right, in fact, I probably didn't do much right.

Am very interested in your comment about filing properly (proper lodgement of forms and appropriate procedure). Will appreciate if you would please detail that for me and I certainly will follow up on it. Hope I'm not asking too much but I know that I am to that point. Thank you for your kind consideration.

 

[d.w. wilson]

Nevada.......
This update may be of some value to those contemplating or are at different stages of court action. My case was a classic "open & shut" except that the dentist had an insurance co. and a battery of lawyers to do his dirty work. I had never been in court, yet I beat them at every turn and won the case handily. Then they appealed! Some things I have learned:

* 'Right' and 'Wrong' are not applicable terms in a corrupt court proceeding.
* In legalese, 'Fact' means: Anything a lawyer or judge wants to see, hear, or say. My dictionary defines it as: Something that is known to be true.
* A small claims case can be "Fixed". It may be more common since small claims litigants may be less willing or able to afford an all-out battle with the "System".
* I always thought that the laws and courts were here to protect innocent citizens and to punish the guilty-how naive! Laws are prepared by lawyers and judges. Without liars, crooks, and criminals there would be no need for lawyers and judges.

I submitted request for public records showing the corruption in the appeal hearing. That was four months ago and after many followups they are still stonewalling today.

This is clearly psychological warfare and it has taken a toll on me and my family but I am about to where I can prepare and submit reports to high places. I can never recover anything they've taken from me so all I can work for now is personal satisfaction, and the "System" owes me a lot of that.

 

[maryamzadeh]

hi, i saw your message posted regarding dental malpractice. I am in similar situation. I would like to know what you mean by small claims cases can be fixed. I am a plaintiff who took my dentist to small claims for placing 6 veneers improperly on my 6 teeth. It caused damage and decay formed underneath some of the veneers. I had three dentists who wrote letters of testimony that there was damage and the veneers had been placed on improperly. The judge ruled in favor of the dentist and ruled i had to pay more money to him! After the case , I recieved a letter from the Dental board of California stating he did work below the standard of care. I am not sure if that would have made a difference in the judges decision had he seen it. I am not sure what to do now. I cant appeal because i am the plaintiff. The only other option i know is to fill out a form of motion to correct judgement. I would need statutes and rules of court case laws to support. I am not sure what to do. any suggestions?

 

[d.w. wilson]

No, I can't offer any advice but maybe you could post in 'Medical and Health Care Practice', etc. There are knowledgeable folks out there.

As for what is "Fixed" I take that as when a litigant makes a private deal with a judge prior to the final disposition (finding) of a case.

 

[d.w. wilson]

Nevada... Hi Folks, I'm still in the midst of the seemingly unwinable battle and not about to give in! It did take a full four months and many letters to get the public records transcript. Then it was very clear why "they" tried so hard to keep me from getting it. It hasn't been altered and it has some really heavy stuff for my side, even though I have to wonder if anyone cares, besides me.
Still trying to get the dental peer review to communicate but no luck yet.

If you ever listen to anything, hear this: NEVER, ever fail to have a trial recorded! I made that terrible mistake because I am (WAS) a totally trusting old goat - I would have argued if someone had told me that what happened to me and my family could have happened in a court in my country.

That's as far as I can go at this time but I promise much more as developments permit.

 

[rmet4nzkx]

Contact the dental board so they can get copies of the court records.