LAST EDITED ON Apr-17-09 AT 07:41 PM (CST)
Signing a consent form does NOT mean that you consent to negligent treatment. What happened to you is not a known acceptable risk from the procedure, it is negligence. I had a very good dental attorney out of San Francisco if you need a referral. He is a periodontist turned dental attorney so he is knowledgable on all fronts. Your main attorney does not have to be from your state.I also had disciplinary action by the board before my lawsuit but it may not make a difference because it isn't always admissable, appears to depend on the judge..and the game. I settled so I never knew if it would have been allowed. In my case the dentists settled with the dental board and did not go all the way to "trial" ... because "it would have been too expensive to defend themselves" (there isn't enough $$ in the world!!!).
As someone told me before I got involved in the lawsuit, "It will be the hardest thing that you ever do, but don't give up". Being that I am a strong type A personality - they were right. I only settled because there were other things I wanted to do with my situation that conflicted with the lawsuit and I was fed up with the "game". To me, it wasn't about money but about doing right by people, however, they owed me for the financial damage they did to me. They got off easy and I ended up a lifetime of diminished or possibly no income and, as of now, the loss of a career that I loved. The legal system isn't about right or wrong, its all a big game. As bad of a wrap that attorneys get, I learned to admire some of them for not coming across the table when you know the SOB is flat out lieing and even contradicts previous lies out of the same mouth. I sure couldn't do it!
Be prepared for this to somehow be YOUR fault because after all, if you had only brushed your teeth more often, you wouldn't have had that infection (blah blah blah)...like I said, not about the truth, a big shell game.
Good Luck...and "it will be the hardest thing you ever do, but don't give up...stick with it."
From your description of the arrogance, it sounds like we could have the same dentist...his own insurance company didn't want to put him on the stand.