1. Win a Broadcaster or one of 3 Teles! The annual Supporting Member Giveaway is on. To enter Click Here. To see all the prizes and full details Click Here. To view the thread about the giveaway Click Here.

In a Quandary

Discussion in 'Bad Dog Cafe' started by garytelecastor, Dec 8, 2016.

  1. garytelecastor

    garytelecastor Poster Extraordinaire

    Posts:
    9,400
    Joined:
    Sep 5, 2006
    Location:
    On the Bayou in da Tundra
    Last week, I had to have a tooth pulled and yup, it was melded to my Jaw.
    The dentist that did it didn't know what he was doing and when he pulled my tooth he pulled a piece of bone out of my jaw. So now I have a broken jaw.
    He told me that immediately after I left he called an oral surgeon who told him he should never have attempted the extraction. It should have been done by an oral surgeon.
    So now, I am in a quandary as to what I should do.
    I am a little "angry" about it, and I am wondering how many of you would think about seeing an attorney.
    ANY ADVICE WOULD BE GREATLY APPRECIATED. THANKS GUYS UND GALS.
     
    Last edited: Dec 9, 2016
    DonM likes this.
  2. Sandhill69

    Sandhill69 Tele-Holic

    Age:
    71
    Posts:
    702
    Joined:
    Jun 18, 2016
    Location:
    Colorado
    The dentist has insurance that will compensate you as little as you will let them. If you have an attorney the insurance company will pay more and the attorney will get a substantial piece of the settlement. Almost certainly you will be better off with the attorney as long as you have to pay nothing up front and the attorney is working entirely on contingency, perhaps billing back some expenses against the settlement once it is reached. Research and choose a lawyer that specializes in your type of case.
     
    Last edited: Dec 8, 2016
  3. Boubou

    Boubou Doctor of Teleocity

    Age:
    61
    Posts:
    11,416
    Joined:
    Jul 30, 2005
    Location:
    Montreal, Quebec
    The attorney is for:
    1. Get your jaw fixed for free.
    2. Get rich and retire
    3. All of the above
    Sorry to hear that, that's a bummer, haven't seen you here in a while
     
  4. studio

    studio Poster Extraordinaire

    Posts:
    7,802
    Joined:
    May 27, 2013
    Location:
    California
    Document EVERYTHING!
     
    TMMC likes this.
  5. garytelecastor

    garytelecastor Poster Extraordinaire

    Posts:
    9,400
    Joined:
    Sep 5, 2006
    Location:
    On the Bayou in da Tundra
    Thank you all for your kind comments. I am not trying to get rich but the guy has been less than congenial with my needs and I had to use him due to insurance.
     
    TMMC likes this.
  6. garytelecastor

    garytelecastor Poster Extraordinaire

    Posts:
    9,400
    Joined:
    Sep 5, 2006
    Location:
    On the Bayou in da Tundra
    How are you Boubou? Yes, I have been very busy with the fires of life. I have been doing a lot of writing and I am working on a novel. So I haven't had much time to come here. I miss it. There is, quite obviously, a whole new group of people here. That's nice. What have you been doing? Anything exciting in your life? Is GetBent still here?
     
  7. Jupiter

    Jupiter Telefied Ad Free Member

    Posts:
    25,597
    Joined:
    Jun 22, 2010
    Location:
    Osaka, Japan
    Good to see ya! GB's been on hiatus for quite a while...
     
  8. Boubou

    Boubou Doctor of Teleocity

    Age:
    61
    Posts:
    11,416
    Joined:
    Jul 30, 2005
    Location:
    Montreal, Quebec
    Been doing good.
    Work is good, so far.
    Looking at retirement soon.
    Got a new acoustic
    What kind of novel if I may ask?
     
  9. Bones

    Bones Telefied Ad Free Member

    Posts:
    22,141
    Joined:
    Dec 31, 2005
    Location:
    Luddite Island, NY
    Did you know that the tooth he was going to pull was bonded to the bone? Did you mention it to him. Did he x-ray you before pulling the tooth? If not, why not?
     
    soulman969 likes this.
  10. Fendereedo

    Fendereedo Poster Extraordinaire

    Age:
    55
    Posts:
    6,206
    Joined:
    Jan 1, 2014
    Location:
    Potato!
    +1
    Those exact thoughts crossed my mind. Hope things work out for you, just make sure of these facts Bones mentioned - cover your back, good luck!! :)
     
  11. william tele

    william tele Doctor of Teleocity Ad Free Member

    Posts:
    19,214
    Joined:
    Nov 7, 2009
    Location:
    Kansas City, MO
    First, it's the responsibility of the dentist to know the condition of the structure he's altering and not your responsibility to school him on this. All the questions about the xray etc. should have been a given.

    Document as has been advised. Don't waste time. You need assurance that you'll get the best care available and at the expense of the dentist who caused the problem.

    Good luck...I wish you the best
     
    soulman969 likes this.
  12. Guitarzan

    Guitarzan Poster Extraordinaire

    Posts:
    7,307
    Joined:
    Feb 28, 2006
    Location:
    Hotlanta, GA
    I see that he pulled the tooth 35 years later.

    Where are you located? The US or Canada?

    I am not giving you advice, I am only trying to educate you about the issues and about how to possibly approach the matter with an attorney. I am not a med mal attorney but have been close to a number of such cases and have provided a number of referrals for injured clients, friends and families of clients, my own friends, etc. I have written letters for people in small cases to try to help them out trying to get a recovery and fighting bills for providing services after they hurt them and caused additional care to be consumed, but have not had a lot of success. It is a terrible mess because some doctor and hospital or clinic will keep billing for care when the care now needed is because someone in the system injured the patient.

    The first question is the applicable standard of care. (Did the dentist make X-rays before he pulled the tooth? Does good practice necessitate that he do so?) The next question is where the dentist breached the standard of care by some act or omission. In most states in the US, one must procure an affidavit from an expert in the filed setting forth the facts that substantiate a departure from the standard of care that a jury could find to constitute negligence. That affidavit has to be filed with the complaint or shortly thereafter, and the person providing it will want to be paid to review the records and formulate an opinion. Med mal has high obstacles and a lot of out of pocket expense because physicians and insurers have made it that way, and then they love to complain about how expensive the litigation is and how much it drives up the cost of med mal insurance.

    Yes you should consider it, but you should expect some practical problems. The first will be the amount of damages involved, and convincing the attorney to actually take a case on a contingency basis will be difficult. The amount of time and out of pocket expenses involved in any med mal case necessitates that med mal attorneys that know what they are doing to set a high bar to taking on a case. Thus, a lot of people with minor med mal injuries are out there absorbing the cost of the negligence rather than suing and transferring the cost to the party responsible. Despite what you may hear and perceive, only about 20-30% of people who perceive themselves to be a victim of med mal ever convince an attorney to take the case and get a day in court. And for that small percentage, it is an uphill battle even when there is palpable evidence of negligence and appreciable damages. Those cases just are not easy.

    But the dentist may have a high deductible and settle for the deductible if demand is made for a copy of the policy and a demand made for nominal settlement that would help him avoid providing notice of the claim to the insurer. An attorney may be willing to work with you on a limited basis intending to secure a small settlement through policy review and correspondence and do the work on an hourly basis.
     
    Last edited: Dec 8, 2016
    soulman969, tery and TMMC like this.
  13. TMMC

    TMMC Tele-Afflicted

    Posts:
    1,306
    Joined:
    Apr 3, 2013
    Location:
    SLC
    Best advice that can be given. It was that mindset that got me full custody of my first two kids, and my house.

    Best of luck with your endeavor. Jaw issues suck.
     
    studio likes this.
  14. Bones

    Bones Telefied Ad Free Member

    Posts:
    22,141
    Joined:
    Dec 31, 2005
    Location:
    Luddite Island, NY

    disagree somewhat, you have to be your own advocate and be proactive about making sure your provider knows what's going on.
     
    Last edited: Dec 8, 2016
    studio, Flakey and Wallo Tweed like this.
  15. Toto'sDad

    Toto'sDad Telefied Ad Free Member

    Posts:
    48,174
    Joined:
    Jun 21, 2011
    Location:
    Bakersfield
    I don't have any legal advice to offer, but I sure hope you get well! I'm sorry you have had such an ordeal to deal with in life. Here's hoping you can number one, get your health squared away, and then get some compensation for what seems poor treatment by your dentist.
     
  16. garytelecastor

    garytelecastor Poster Extraordinaire

    Posts:
    9,400
    Joined:
    Sep 5, 2006
    Location:
    On the Bayou in da Tundra

    I didn't know that the tooth he was pulling was part of the bone. Yes, he did take ex-rays, but he never mentioned that. When he was pulling it he had a lot of difficulty. Took him about an hour to get it out.There was no reason on my part to believe that the tooth or jaw had done what they had done. He said after about 40 or so minutes-I had asked him what the problem was-that the tooth was loose but he couldn't get it out. Then he just put some muscle behind it and out came the bone, tooth and all. He also had to cut open my gum to get at the roots which he could have plainly seen were attached to the bone. IMHO, at that point he should have stopped and sent me to a surgeon.
    Other than that, I don't really know what else I could have done to make it an easier situation for him.
     
    Last edited: Dec 9, 2016
  17. william tele

    william tele Doctor of Teleocity Ad Free Member

    Posts:
    19,214
    Joined:
    Nov 7, 2009
    Location:
    Kansas City, MO
    I forgot to add what may be (if I were to encounter the same type injurious event) one of the most important pieces of advice that might apply:

    Yes, document everything, but do NOT discuss the details of the event and prior knowledge of a non typical physical condition with might have led to the injury on a highly searchable internet forum...:)
     
  18. bigbean

    bigbean Tele-Afflicted Silver Supporter

    Posts:
    1,658
    Joined:
    Feb 6, 2013
    Location:
    Hartville OH
    Like he said!

    Adapt and overcome.
     
  19. telleutelleme

    telleutelleme Telefied Silver Supporter

    Posts:
    20,303
    Joined:
    Jan 15, 2010
    Location:
    Houston
    Seek legal advice soon. Write down everything that happened as a time line. mention the prior accident but don't mention the sobriety of the road, it really isn't part of your issue. Did the dentist ask for a medical history? Anything you can remember now will help you later when your memory isn't as fresh.

    Hope you get better and resolve this issue as well.
     
  20. garytelecastor

    garytelecastor Poster Extraordinaire

    Posts:
    9,400
    Joined:
    Sep 5, 2006
    Location:
    On the Bayou in da Tundra
    Good to hear from you Tell-me.
     
IMPORTANT: Treat everyone here with respect, no matter how difficult!
No sex, drug, political, religion or hate discussion permitted here.