lawyer

Free Speech Rights For Patients Online

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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

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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