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Dental Malpractice

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Dental Malpractice

Postby Erwin » Fri Nov 18, 2016 8:56 pm

I am concerned that the veneer patient from 9/23/08 could possibly have atypical face pain(a version of trigeminal neuralgia, which involves a combination of aching, burning and stabbing pain and hypersensitivity of teeth caused by dental work.  I need your opinion on a similar case.

The small claims court in AZ is only $2500.  The dentist that placed my lower veneers caused permanent nerve damage(atypical face pain) with mistakes, redos and defective work.  There were also aesthetic problems, margin problems(ledges that can become plaque traps and produce tooth decay and gum problems, and occlusion problems because the dentist recommended CEREC veneers on the lower teeth even though I had existing lab veneers on the uppers.  He knew the CEREC veneers were incompatible with the lab veneers, but aggressively promoted them anyway.  The Dental Board found defective veneer work and unprofessional conduct.  I have consultation records of 3 dentists criticizing his work, but no report from a dentist specifically addressing the standard of care issue.  I have proof of false records, there was no informed consent and there was false advertising involved.  The faulty veneers were $6980, redoing the veneers cost over $8400 and I have spent thousands on treatments and still have pain every day.  Can I file a civil case without a letter from a dentist?  Or a civil case and small claims court?  Where would I find a dentist or doctor who would be willing to review the case and write a report?  Thank you.   

ANSWER: I don't know the law in AZ on the subject but by definition, you cannot make a prima facie med mal case without a qualified expert stating that the medical/dental care fell below the standard of care. Maybe the report of the Dental Board would accomplish that but it has to be clear that they were of the opinion that the defendant dentist provided care in a negligent manner. You say you have seen 3 other dentists who criticize the work.  Write a letter to each of them. Say to them that if they truly believe the work was below the standard of care, that you hope they will act to protect the integrity of their profession by writing you a letter stating as such so that you can legally proceed on the negligence of one of their colleagues. Thusly, they will be helping to uphold the standards of their profession. Offer to pay a fee for the letter. See what happens. You don't say you have seen a med mal attorney but you might try although I think you realize no matter how strong the case of negligence may be, the damages are not severe enough to make the time and expense of the case a viable option, unless there was some expectation of a case value exceeding, at a minimum, 50K or so. If you do get the support of an expert on the subject of the "standard of care", you could always act as your own attorney and file in Superior Court, but this would require major effort on your part and lots of advice.

---------- FOLLOW-UP ----------

Is small claims court the only option if I do not get the support of an expert or are there any other options?  Thank you.

ANSWER: Read my previous answer again. If you can't find a lawyer to take the case but you can get written evidence from a qualified expert(another dentist who does veneers) that the defendant dentist was negligent, you can file your own case in a higher court(Superior Court) but unlikely you will get anywhere without lots of legal advice on procedures, etc.

---------- FOLLOW-UP ----------

Sorry that my last question was ambiguous.  It appears doubtful that I can get another dentist to write the report.  Without a report from another dentist who does veneers, is small claims court even an option?
Erwin
 
Posts: 34
Joined: Thu Mar 27, 2014 9:32 am

Dental Malpractice

Postby Cat » Sun Nov 20, 2016 5:07 am

You couldn't proceed in my State of CA, or anywhere else I suspect. How to you establish, as a matter of law, that a professional breached the standard of care? By definition you must have testimony of someone who is qualified to say what that standard is. Therefore, in this case, that could only be done by another dentist. You are not qualified, a lawyer or Judge is not qualified, only someone who has credentials in the particular field.
Cat
 
Posts: 46
Joined: Thu Jan 02, 2014 1:00 pm

Dental Malpractice

Postby Sulalit » Tue Nov 22, 2016 10:05 am

I am concerned that the veneer patient from 9/23/08 could possibly have atypical face pain(a version of trigeminal neuralgia, which involves a combination of aching, burning and stabbing pain and hypersensitivity of teeth caused by dental work.  I need your opinion on a similar case.

The small claims court in AZ is only $2500.  The dentist that placed my lower veneers caused permanent nerve damage(atypical face pain) with mistakes, redos and defective work.  There were also aesthetic problems, margin problems(ledges that can become plaque traps and produce tooth decay and gum problems, and occlusion problems because the dentist recommended CEREC veneers on the lower teeth even though I had existing lab veneers on the uppers.  He knew the CEREC veneers were incompatible with the lab veneers, but aggressively promoted them anyway.  The Dental Board found defective veneer work and unprofessional conduct.  I have consultation records of 3 dentists criticizing his work, but no report from a dentist specifically addressing the standard of care issue.  I have proof of false records, there was no informed consent and there was false advertising involved.  The faulty veneers were $6980, redoing the veneers cost over $8400 and I have spent thousands on treatments and still have pain every day.  Can I file a civil case without a letter from a dentist?  Or a civil case and small claims court?  Where would I find a dentist or doctor who would be willing to review the case and write a report?  Thank you.   

ANSWER: I don't know the law in AZ on the subject but by definition, you cannot make a prima facie med mal case without a qualified expert stating that the medical/dental care fell below the standard of care. Maybe the report of the Dental Board would accomplish that but it has to be clear that they were of the opinion that the defendant dentist provided care in a negligent manner. You say you have seen 3 other dentists who criticize the work.  Write a letter to each of them. Say to them that if they truly believe the work was below the standard of care, that you hope they will act to protect the integrity of their profession by writing you a letter stating as such so that you can legally proceed on the negligence of one of their colleagues. Thusly, they will be helping to uphold the standards of their profession. Offer to pay a fee for the letter. See what happens. You don't say you have seen a med mal attorney but you might try although I think you realize no matter how strong the case of negligence may be, the damages are not severe enough to make the time and expense of the case a viable option, unless there was some expectation of a case value exceeding, at a minimum, 50K or so. If you do get the support of an expert on the subject of the "standard of care", you could always act as your own attorney and file in Superior Court, but this would require major effort on your part and lots of advice.

---------- FOLLOW-UP ----------

Is small claims court the only option if I do not get the support of an expert or are there any other options?  Thank you.

ANSWER: Read my previous answer again. If you can't find a lawyer to take the case but you can get written evidence from a qualified expert(another dentist who does veneers) that the defendant dentist was negligent, you can file your own case in a higher court(Superior Court) but unlikely you will get anywhere without lots of legal advice on procedures, etc.

---------- FOLLOW-UP ----------

Sorry that my last question was ambiguous.  It appears doubtful that I can get another dentist to write the report.  Without a report from another dentist who does veneers, is small claims court even an option?
Sulalit
 
Posts: 32
Joined: Mon Feb 24, 2014 6:58 pm


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