Dentist Removed the Wrong Teeth, What Can I Do?

When it comes to visiting the dentist, there aren’t too many people who particularly enjoy the prospect of having dental work done nor, of course, the possibility of having to have a tooth removed. Fortunately, the vast majority of dental procedures are safe, effective and go according to plan without any problems along the way.  That said, of course, (and as with anything else in life), there’s always potential for something to go wrong and having the wrong tooth extracted is certainly no laughing matter (in every sense of the word). What can I do if my dentist extracts the wrong tooth, or teeth? If you find yourself in the unfortunate position of having the wrong tooth (or teeth) extracted then you’ll naturally want to make a claim against your dentist to compensate you for their error. Using a team … Read more

The Optional Alternative to Medical Injury Claims

Previously on this blog I have discussed some of the issues with medical malpractice in the United States and some potential alternatives. In this post Potential Alternatives to the Current Medico-Legal System in the United States I talk about some possible alternatives such as having some agreement directly with the physician and hence avoiding trial lawyers. In this provocative post How to Improve Your Chances to Win a Dental Malpractice Lawsuit I discuss the 4 elements you need to win a malpractice suit in the U.S. and a possible suggestion to help improve your chances of doing so. Last year, Kevin Pho known as “social media’s leading physician voice” discussed in a post written on July 16, 2012, titled “The New York medical malpractice crisis: Who’s to blame?,” how some financially struggling hospitals are going without medical malpractice insurance and just … Read more

Litigation In the National Health Service for Oral and Maxillofacial Surgery

An article appears in the British Journal of Oral and Maxillofacial Surgery titled “Litigation in National Health Service oral and maxillofacial surgery: review of the last 15 years,” by A. Gulati et. al. (50, pages 385-388, 2012). The authors state: “Published data regarding litigation in other surgical specialties are plentiful, but to our knowledge there is little detailed analysis of claims within the specialty of oral and maxillofacial surgery (OMFS) despite information being freely available from the NHS Litigation Authority (NHSLA) under the Freedom of Information Act.” The authors used data from April 1995 to August 2010 from the NHSLA. A total of 318 claims were registered during this 15 years. Claims have been increasing in recent years. Of these claims 253 were closed. A total of 137 claims (54%) resulted in compensation with the rest not being successful. The … Read more

Free Speech Rights For Patients Online

An interesting article appears over on drbicuspid.com over at http://www.drbicuspid.com/index.aspx?sec=sup&sub=pmt&pag=dis&ItemID=309247 titled “Lawsuit claims dentist stifled patients’ free speech rights” by Donna Domino and posted on Dec. 1 2011. A discussion is made of a New York dentist and a class action lawsuit that was filed in late November. The complaint was filed by the Public Citizen Litigation Group. In the case a patient went to the New York dentist and signed an agreement by Medical Justice  in which the patient agreed not to denigrate or disparage the dentist on the Internet or other broadcast media. The patient went to the dentist because of a sore tooth and was charged $4,766 for two office visits. The patient says the insurance claim was sent to the wrong insurance company and was 25 times the going rate. The patient requested his records so … Read more

How to Improve Your Chances to Win a Dental Malpractice Lawsuit

Tom over at OralAnswers has previously written a post on how to win a dental malpractice suit http://www.oralanswers.com/2010/07/sue-your-dentist-and-win-malpractice-lawsuit/ I also discuss on my U.S. Legal System and Medical Malpractice page http://www.teethremoval.com/legal_system_medical_malpractice the 4 elements you must prove to have a chance at winning a malpractice suit. (1) the doctor to provide a standard of care to patients in the locality where the treatment occured (legal duty) (2) the doctor breached that standard of care (3) an injury causing damages (4) the breach of the standard of care was the proximate cause of the injury. Now as is quite clear on my site I disagree with the current ‘standard of care’ of removing healthy wisdom teeth in young healthy patients in the U.S. This is not the standard of care in the U.K. I wanted to touch on an additional element in … Read more