- November 10, 2023
- Posted by: legaleseblogger
- Category: Related News
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Legal Recourse for Dental Malpractice Leading to Emotional and Physical Trauma
The situation my wife and I have found ourselves in is nothing short of a nightmare. Her excruciating pain and my feelings of helplessness have only been exacerbated by the negligence of the first dentist we saw. The unrelenting agony my wife has endured due to a botched procedure has resulted in missed work, financial strain from out-of-pocket expenses, and a severe impact on her quality of life.
In a desperate attempt to alleviate her suffering, we sought a second opinion and were horrified to learn that the initial dentist had completely mishandled the situation. Her tooth was ground down to the pulp, an old filling was destroyed, and her jaw/tendon was bruised. The temporary fix provided by the second dentist has failed to provide any relief, leaving us with no option but to consider having the tooth yanked, despite the possibility of needing an expensive root canal that our insurance won’t adequately cover.
The toll this has taken on my wife has been immense. She has been unable to sleep or eat properly, and any pressure on the affected tooth triggers excruciating pain. The emotional and physical trauma she has endured is immeasurable.
At this point, I feel compelled to explore the possibility of legal recourse against the first dentist. The thought of holding them accountable for the time, money, and emotional distress we have incurred is the only glimmer of hope in an otherwise dire situation. We are in search of justice, not just for the pain and suffering my wife has endured but also for the financial burdens we have been saddled with.
This is where AI Legalese Decoder can come to our aid. By utilizing this innovative tool, we can easily navigate the complex legal jargon and gain a better understanding of our rights in this situation. It can help us decipher the legal nuances and implications involved in pursuing a case of dental malpractice. With its assistance, we can arm ourselves with the knowledge and information needed to make informed decisions and seek the justice we rightfully deserve.
In conclusion, the events of the past week have been nothing short of a living nightmare, and the recklessness of the first dentist has only compounded our misery. We are hopeful that with the aid of AI Legalese Decoder, we can gain a clearer understanding of our legal options and take the necessary steps to hold the negligent dentist accountable for the trauma they have inflicted upon us. Any guidance and advice on this matter would be greatly appreciated. Thank you in advance for your support.
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Are any of you that responded dentists? OP NOBODY here, not even myself, can give you any sort of answer without seeing preoperative and postoperative xrays. Without seeing xrays nobody here should be commenting on course of action. And NOBODY is any position to say that dentist #1 should be covering costs of getting additional work.
To make headway with a lawsuit you would need an expert in the field to say that the treatment was inappropriate. Someone who knows enough about dentistry to say if filing a tooth down is an appropriate way to manage her issue, or if it was done in a competent way on this occasion. What the second dentist said is a clue that something is up but not conclusive enough to use in a case.
A free consultation with a medleg lawyer will outline if this has enough value to be worth pursuing.
Or you can complain, and they may pay you to make you go away.
This falls under medical malpractice. These kinds of cases are complicated, and you need to contact an attorney. Most will have free consultations.
Edit: personally, I’d call dentist 1 and ask him to cover your oop costs for getting the additional needed work. If they agree, make sure you’re not signing anything that says you are settling for the oop amount, unless you’re ok with that.
First, IÔÇÖm sorry your wife is having to go through this.
I am a dentist and I will comment for educational purposes, not to diagnose or treatment plan her specific case. You currently have a dental problem (you need to get her out of pain). Only a dentist can help you with this. Whether there is a legal issue as well cannot be determined from the information provided. You need xrays, photos, and a live examand the account of the first dentist on what they found and what they did. In the absence of all that, on the surface, there is no definitive malpractice that has occurred as most of their efforts are normal other than a claim of drilling into the pulp. Adjusting a bite would be very normal. Adjusting into the dentin, which is sensitive, should only hurt to cold/hot. Adjusting into the pulp would be extraordinary, but depending on anatomy, presence of restorations, presence of decay, it could also result from a reasonable attempt to alleviate her pain. Drilling into the pulp still, if true, would not typically generate the pain profile you are describing. In the end, there is a deeper cause going on likely. Pain of this level will almost always require a root canal or extraction. The tooth does not care about your insurance and finances. It likely needs a root canal (if the root is not fractured), or if that cannot be afforded or the root is fractures, you could likely elect an extraction. Either option will likely alleviate her pain. If the root is fractured, the best treatment would usually be extraction. No treatment is always an option, but severe pain rarely gets better without intervention.
I wish you and her the best going forward.
Dentist here.
Treatment first. After that maybe other steps. Discuss them first with your new dentist, as this sounds unlikely. If neccesary he can help with the legal matters, or tell you that you might have misunderstood.
A dentist does not just grind down a tooth to the pulp because you grind too much. No way, not even a blind dentist would do that. If itÔÇÖs true itÔÇÖs malpraxis, but it sounds more probable that the issue already existed, your previous dentist tried to alleviate the pain but that it didnÔÇÖt help.
DonÔÇÖt be mad at/in the new office. YouÔÇÖre a new patient and nothing is worse than trying to treat a new angry or severely distressed pt. Trust him to do the right thing or go to another one if you cannot. If you are stressed, in pain, and discussing sueing the other dentist before he treated your wife your new dentist will be on eggshells, and that only increases the chance of errors.
Prioritize getting your wife out of pain. After that youÔÇÖre more clearheaded and then you can always go back to either office to discuss what happened and what should have gone different or what you might have misunderstood. If that is not satisfactory you can always take further steps.
Dentist here. It sounds like the first dentist did an occlusal adjustment to relieve pressure on the tooth. They likely told you that the toothÔÇÖs tendon (actually a ligament) was bruised, and not a tendon in her jaw (which would be a muscle problem). What this dentist did is a super common conservative treatment, and often works by itself assuming no other pathologies are discovered on the radiographs or clinically.
The second dentist appears to have prepped the tooth for a temporary crown, likely believing a shallow crack to be present. This would be unusual if a patient presents with a pulp exposure and in acute pain. The temporary crown by itself will do nothing for the exposed pulp without debriding the pulpal tissues, which makes me think there probably wasnÔÇÖt a direct exposure.
Honestly it sounds like a cracked tooth, which can be tough to diagnose. Her degree of pain likely means the fracture is through-and-through, meaning it canÔÇÖt be fixed. ItÔÇÖs unfortunate she had to suffer through the week, but sometimes these things arenÔÇÖt super clear on the practitioners side.
There is a lot in your post that I believe you misheard or misunderstood from both dentists. I donÔÇÖt believe there is anything they could have done, other then extract the tooth, to relieve her pain; and both appear to have given the tooth a chance before condemning it.
Dentist here. Here’s my opinion. Please take into mind that I don’t have a dog in this fight and truly don’t care if you sue or don’t sue anyone. Just wanted to give you a professional opinion.
https://www.reddit.com/r/Dentistry/comments/17pt3z6/a_dentist_ground_down_my_wifes_tooth_resulting_in/k8875d5?utm_source=share&utm_medium=android_app&utm_name=androidcss&utm_term=1&utm_content=share_button
Also I just want to add that before you sue someone you should give them an opportunity to address the issue. They may be able to offer a satisfactory explanation or correct the problem themselves. Even in your best case scenario where this actually gets settled out of court the amount of money you’d receive would be miniscule after attorney fees. You’d probably have earned that much or likely more if you had not missed time from work to meet with attorneys and sign documents.
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Malpractice insurance. file suit against the dentist in small claims court.
The appropriate treatment would have been to design a night guard for your wife not drilling a tooth down. Keep detailed records of pain and suffering your wife is experiencing plus all financial records.
File in small claims court. Have the dentist served with the papers. They will normally turn it over to their malpractice insurance carrier. The majority of malpractice insurance companies will want to settle out of court. ItÔÇÖs cheaper for them in the long run.
Find a good oral surgeon and see if they can save the tooth, if not what they recommend. Possibility of an implant, very pricey. Get it in writing. A root canal may help with the pain, the oral surgeon can recommend a good endo dentist for that treatment. Either way she will need a crown after the root canal or if the tooth is just too damaged then oral surgeon is your best bet.
Source, husband is a dentist and works with the courts as a professional practitioner. The oral surgeon may recommend pulling the tooth to eliminate the pain and begin the process of placing the implant.
Dentist here. By the time you feel jaw and tooth pain, you likely need a root canal. Pain in the jaw indicates the infection has spread to the nerve. Would love to see preop xrays. To everyone else, you’re hearing just one side of the story. OP already indicated wife was in pain prior to seeing first dentist, I doubt the occlusal adjustment was the reason for all of this
I am a dentist. You need clinial photos, Xrays, notes and a exam to determine if there is indeed malpractice