Dental Malpractice?

[flipadiddle]

Colorado
I took a dentist to small claims court. This dentist was supposed to make dentures for me. On my third visit, his dental assistant,while making temporary impressions, treated me very badly. I requested to speak to the dentist and was informed that he was not there. In fact there was no dentist anywhere on the premesis. This was a violation of Colo. revised statutes.When he finally got to the office and got my message, instead of listening to my problems, he told me to "find another dentist", which I did. My damages include $1200 for two root canals he said needed to be done, which I had done and did pay for. My new dentist, this time a prosthodontist, advised me to get full lower dentures, and the two teeth that had root canals were pulled. I think my first dentist should have to pay for the root canals since they were not needed. The judge in my case dismissed it without prejudice because "the complaint sounds in some form of negligence/malpractice" and would require a certificate of review. In presenting my case I used the terms "abandonment",and "pain and suffering" relating to the root canals. I am going to re-file in small claims. My questions are:
How do I keep from getting it dismissed again?
What words or concepts do I need to stay away from?
Could this case really be a case for negligence/malpractice?
Can I sue for punitive damages? For pain and suffering?
Any other types of damages, and how much should I ask for?
I was treated horribly by this dentist and his minion and I want to be "made whole".

 

[rmet4nzkx]

Duplicate post
https://forum.freeadvice.com/showthread.php?t=239168

 

[barry1817]

dental problem

The root canals being done by one dentist, and then extracted by another indicates a difference of opinion that could not be settled without x-rays charts and documentation.

If the root canals were done on teeth that had no hope of being saved that would pose a problem, but sufficient information isn't here.

Personally I would always advise to try and keep any lower teeth to serve as abutments for a partial lower denture, rather thatn a full lower denture. Stability and service of a partial is much better than for a full denture.

In most states a malpractice claim needs a dentist's letter that there is a possible cause of action. This would mean getting records from both dentists and having a third person review them. Without a dentist to support what you say the judge will have to make a ruling based on one professional's opinion, against a lay opinion-yours, and that is no contest. You will not succeed.


Your comment that the impressions were being made without the dentist on the premises would need to have you look at code sections about this procedure. A procedure that is not affecting teeth, and creates no change in the patient's mouth can often be done with indirect supervision, which this might be.

As to him kicking you out in the middle of treatment, that poses a real concern for me. Without having both sides, when a dentist asks a patient to leave a practice there usually is a need for notice, and referrals to have the treatment completed.

Barry1817@aol.com

 

[gpf]

Barry1817 is right, you should always try to keep what ever teeth on the lower. A lower denture for some people is the hardest thing to try to get use to. Usually crowns follow root canals and these teth could of been used for abbutments. The second dentist might should of talked to you about this and given you a choice. Good Luck!

 

[d.w. wilson]

Nevada.... You may want to review my thread 'Dental Malpractice' which I (incorrectly) placed in 'Dangerous or Defective Products'. My case was for $2,462. It cost me about $10,000 and at least 2500 hours of my life. I chose to do it for the knowledge of how the system really operates.
I avoid trying to give advice but I'll give you my opinion based on my real experience.

If you are going it alone be aware that lawyers and judges deal with lawyers and judges. If you are going against insurance lawyers then you should expect ongoing motions and other procedural manipulations strategically applied to wear you down. Wish I had something positive to offer and I do encourage you on but, be careful!

 

[flipadiddle]

To D.W. Wilson

I appreciate the response. Sounds like you are doing pretty well with your very interesting case. Good luck on the appeal.

 

[flipadiddle]

In general

To all others who responded-----Thank-you.

 

[d.w. wilson]

No, you missed my end reply. I did perfectly on my appeal, and the dentist admitted guilt to the judge. Only problem is that the case was clearly 'fixed' and I have documents proving that. The judge awarded me 'Nothing'. The Nevada Commission on Judicial Ethics did nothing for me. The Nevada State Bar has no problem with lying lawyers. The Southern Nevada Dental Peer Review refused any further contact with me after they made full and undeniable discovery that the dentist was totally guilty.

 

[joybelle5445]

Nobody should be above the law

Alabama

One of the MAIN problems with this country is that there will always be somebody somewhere who is above the law. I don't care who you are or what you do, you should have to answer to somebody.

Mr. D.W. Wilson, Please accept my profound sympathy at the death of your rights as a law-abiding consumer. It's a shame.

To Barry1817, I want to thank you for your intelligent responses to these forums. I have read quite a few and I really appreciate your pointed, informative answers. A lot of the responses are down-right insulting and make comments rather than help the questioner. You do neither of these. Again, thank you. I know who to come to with my questions in the future.

 

[d.w. wilson]

dental malpractice

nevada Thanks joybelle, your comments are much appreciated. What I got from it all is documented proof that what most folks think goes on in the legal and political arenas actually does go on, and that was my primary goal. Maybe posting it all here helped others - who knows?

 

[barry1817]

joybelle5445--thank you

Joybelle5445.

thank you for your kind comments.

I have found that a professional has a tremendous obligation to both protect the public from those in the profession that have harmed patients, as well as to protect the profession from unfounded attacks.

It really is sad that certain professionals won't take case where a patient has been harmed, to help get restitution, but will be only too happy to have that patient in their office and be quite happy to charge for the remake.

The really tough situation is to respond to people that have problems, because I have found that cases are rarely totaly black and white, and to give an honest appraisal of a situation does require both sides to gain the best understanding of what has happened.

To those that have problems I do hope that you make the effort to get the copies of your charts as soon as possible. It does become interesting because case in several cases it has been pointed out that the professional must rely on what is in the chart, as his memory will fail, and you do want that chart to lock a professional into the acutal treatment, and only those notes that were made at the time of the treatment.

For those that do read my posts, I hope that I have been fair to evaluate what you have put into this forum, even it it may not be what you want to here. I do leave an e-mail address at the end of my posts for those that may need clarification on an issue, or later have additional information or questions that might arise.

Barry1817@aol.com

Alabama

One of the MAIN problems with this country is that there will always be somebody somewhere who is above the law. I don't care who you are or what you do, you should have to answer to somebody.

Mr. D.W. Wilson, Please accept my profound sympathy at the death of your rights as a law-abiding consumer. It's a shame.

To Barry1817, I want to thank you for your intelligent responses to these forums. I have read quite a few and I really appreciate your pointed, informative answers. A lot of the responses are down-right insulting and make comments rather than help the questioner. You do neither of these. Again, thank you. I know who to come to with my questions in the future.