Dental Malpractice Lawyers | Be Honest About This Scenario?

Be Honest About This Scenario?

Pretend for a moment that I am your dentist. While doing a routine root canal, I made a minor calculation error that caused you minor nerve damage in subsequent years. Previously, you had all of your dental work completed by me with no problems. What would be your course of action? Would you sue? Would you simply drop me as your dentist? Just trying to get a feel for how important dental malpractice is.

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7 Responses to “Be Honest About This Scenario?”

  1. thddspc on February 25th, 2010 12:51 am

    In your scenario, it would be foolhardy to jump right away into a malpractice suit.
    You need to establish that the dentist has in some way deviated grossly from the accepted standards of care and caused an injury, and that you are filing a suit before the statute of limitations has expired. Otherwise, you have no case.
    If you believe you were the victim of shoddy dental work, you should obtain a copy of your dental records (a dentist is obligated by law to give you a copy when asked, but you must pay for the duplications services), and have other dentists evaluate your dental condition and look at the records to see what was done. If there is gross deviation from the standard of care, then lodge a complaint with the State Dental Board of Examiners.

  2. Dose of Reality on February 25th, 2010 2:52 am

    It depends on if I was happy with your work over the years. Sometimes patients will say they are when they are not all that thrilled. If I was happy with everything else, I would not sue. **** happens, even to the best. However, if I felt you were sloppy on my dental work, or you were always extremely hurried, didn’t fit my crowns right, etc. and I felt the nerve damage wasn’t just a fluke, but negligence, then I’d be more likely. In my case, I probably wouldn’t sue anyway, I mean, unless the damage was extreme, but there are a lot of people who might.

  3. Ginny on February 25th, 2010 9:18 am

    loyalty would probably cause me to continue to come to you, though I would trust you less. more likely, I would dismiss the procedure itself as a bad idea and avoid going to the dentist altogether.
    I’m actually thinking of an issue my huband had as a result of having his wisdom teeth removed: after the procedure (which dentists seem quick to shove down our throats whether one is experiencing pain or not), my husband now experiences sinus issues from some kind of damage done to the nerve. Also, it took the dentist two tries to remove and crown a tooth and it still is not right. However, we’re not the type of people to sue for “minor discomfort” so he just puts up with it, though we will not recommend the dentist and he now would rather remove his own tooth than have someone try to fix it. I think if he did have a dental emergency, though, he would turn to the only dentist he knows in the area, the one who botched the job.
    I imagine other people would sue and quit using you as their dentist, though.

  4. Violet Pearl on February 25th, 2010 9:28 am

    I think I signed some waiver/release forms prior to treatment that would prevent me from winning a lawsuit. If I was happy with many years of treatment, I wouldn’t want to change.

  5. hottiecj *~♥~*~♥~* on February 25th, 2010 4:16 pm

    Not every medical procedure can be performed flawlessly because they are performed by humans. This dentist is obviously a good dentist that tries to do his best by his patients, as proved by all the other good work he has done for you in the past. If you feel uncomfortable continuing to use his services, by all means, switch dentists. “Malpractice” means gross negligence, causing harm. Only these instances should be per sued legally.

  6. ada on February 25th, 2010 10:59 pm

    If I were a medical professional and understood that medicine and/or dentistry is not preformed by perfect robots and that there are no guarantees with health procedures or the outcome of such procedures I would be upset but not sue. If I were basically everyone else (ie people who don’t understand these concepts) as part of our over-litigious society I probably would. Generally, if people can sue to try and get out of working the rest of thier lives, they probably will try.
    cheers

  7. ♐ вавч ♥ cuріd ♐ on February 26th, 2010 1:58 am

    if it had effected me for many years after then despite you being my dentist i would sue.

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