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Conferences Lingual or Inferior Alveolar Nerve Damage from Tooth Extractions Topic #150
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cmn12622
Member since Apr-16-09
15 posts
Apr-16-09, 08:25 PM (CST)
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"Case of negligence on the dentist"
 
   Those who feel like they may be injured party due to neglegence.... Depending on what state you live in there is a statue of limitations for filing a lawsuit. I chose to file first with the Board of Dental Examiners here. They reviewed my complaint and found it necessary to have a hearing. In my case the 12 Dr's who reviewed my complaint through a hearing and cross examination of both the defendant and plaintiff. I got lucky. My dentist admitted that he extracted my third molar based on what he though was and infection. When infact the xrays proved there wasnt. I am now left with permanent nerve damage due to the fact he severed the nerve completely appart.

Im sure you could persue legal advice without going through the entity that holds a dentists license. But for me I know I had a case from the very day this injury occured.. I just wanted to have the proof in concrete.
Thought this may help... Good Luck!!


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  Subject     Author     Message Date     ID  
  RE: Case of negligence on the dentist bowho Apr-17-09 1
     RE: Case of negligence on the dentist cmn12622 Apr-17-09 2
         RE: Case of negligence on the dentist pim Apr-17-09 3
             RE: Case of negligence on the dentist cmn12622 Apr-17-09 4
                 RE: Case of negligence on the dentist pim Apr-18-09 5
                     RE: Case of negligence on the dentist jrsygirl11 Dec-31-10 6
                         RE: Case of negligence on the dentist bowho Dec-31-10 7

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bowho
Member since Nov-27-07
946 posts
Apr-17-09, 00:19 AM (CST)
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1. "RE: Case of negligence on the dentist"
In response to message #0
 
   So did your lawsuit get filed within the statue of limitations?


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cmn12622
Member since Apr-16-09
15 posts
Apr-17-09, 06:59 PM (CST)
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2. "RE: Case of negligence on the dentist"
In response to message #1
 
   This is along story. After the OS discharged me and stated that I will never regain any more feeling in my face and that there was nothing more he could do. I went to a lawyer and spoke with them. They had there expert "so called" look at my info. He stated that I signed a consent and that I didnt have a case. I knew that wasnt true because this expert didn't have the complete charts from both dr's.
Anyway, After that I left and proceeded to file with the Board of Dental Examiners. After almost 7 months and paperwork, and hearings. The Board gave him what they call a "practice suspension" Meaning that he cannot pull any teeth until he completes 24 hrs of "hands on" oral surgery classes. Now I know that 24hrs doesnt seem like alot, but from what I understand he can only take a certain amount of hrs a week. So he can still work, but cannot pull teeth. He was also ordered to go back to school and complete a radiograph education for doctors.
Now that this is over with the board and I can proceed with a lawyer. I called the same one I originally went to and told them the new developments and I will be going in on thursday to get things started.
I only have till dec 24,2009 to file for a lawsuit since the statue of limitations will end after two years. This happened on Christmas Eve 2007.
Its been horrible. At one point I wanted to do bodily harm to this dentist. He was so arrogant at these hearings. He has 7 other complaints with now 3 acutal violations within the last 9 years. Go figure.


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pim
Member since Oct-19-06
396 posts
Apr-17-09, 07:26 PM (CST)
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3. "RE: Case of negligence on the dentist"
In response to message #2
 
   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.


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cmn12622
Member since Apr-16-09
15 posts
Apr-17-09, 07:59 PM (CST)
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4. "RE: Case of negligence on the dentist"
In response to message #3
 
   I'm in Arizona.
The one good thing so far I have been told is that since I can use the taped confession and the actual hearing tapes from what happened at our Board hearings, and get copies of the minutes to use in court if we do go to court. I found out a couple of days ago on the boards website as to what is admissable and what isnt. Luckily those two things I stated above are. So if it does go to court. The jury will hear that he did admit guilt based on poorly taken xray's. Although if it does go to court. I could either use there experts or find my own. Just depends on what the experts want to charge if I decide to choose my own.

I dont think his insurance company will want to put him on the stand either. The dentist stated that he had to change the way he conducts his practice because of this situation. But I believe he was only trying to score brownie points with the Board to get a lesser punishment. His lawyer actually couldnt really fight for him at the board hearings because he admitted that he was wrong. The lawyer was trying to get a lesser punishment. When in fact when I gave my final statement on april 3rd. He actually got punished worse that what was previously proposed at the first hearing.

I think the dentist knows he is gonna get sued. Because the lawyers I have an apt with this thursday are the same ones who contacted him the first time to request my records because the I couldnt get them from the dentist. The dentist would only give me my xrays. Which being in the medical field for over 17 years I know what hippa laws are and what I am entitled to.
The Board also questioned the dentist as to who's handwriting were on the first set of notes and then the second set of notes. What the lawyer and I think happened there was that when I filed a complaint with the Board. He slipped in another note into my chart. But when the lawyer and I requested them earlier. That second note was not in there. So hopefully when the lawyer request my records again after I sign on with him. That second note better be in there!

I will keep you informed if you'd like and let you know how things progress. From what you told me.. I will need all the luck I can get!


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pim
Member since Oct-19-06
396 posts
Apr-18-09, 10:43 PM (CST)
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5. "RE: Case of negligence on the dentist"
In response to message #4
 
   Mine amended my records (to blame it on me) when the dental board investigator showed up...and they contradicted their amendments during depositions. As someone else said to me, "history gets rewritten in depositions". Their storied changed, mine never did. The truth never changes.

I'm going to send you a private message.


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jrsygirl11
Member since Dec-17-10
3 posts
Dec-31-10, 11:17 AM (CST)
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6. "RE: Case of negligence on the dentist"
In response to message #5
 
   Hello everyone,

I really need advice on how to file a lawsuit on my oral surgeon.
2 months after my wisdom tooth extraction I am in a lot of pain that will not go away and it is destroying my life. I did sign a consent form but that does not always mean that you cannot sue.

I called my oral surgeon back and he told me that my pain is very rare and unusual. He told me he was all booked up for the week, to call his receptionist next week to see if maybe she has an appointment for me while I was crying and in so much excruciating pain. When he was drilling I told him to stop and he told me not to move.

Can someone please send me a message regarding some advice. Thank you.


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bowho
Member since Nov-27-07
946 posts
Dec-31-10, 01:34 PM (CST)
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7. "RE: Case of negligence on the dentist"
In response to message #6
 
   Dump your OS and contact this lawyer for some advice>
http://www.toothattorney.com/


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