do I have a case?
Get Legal Help Today
Secured with SHA-256 Encryption
do I have a case?
I went in for extractions but they put a hole in my sinus cavity. After I insisted a few times that I could feel
air moving through the extraction site he finally told me what happened. Then I go to the counter to set up another appointment and they told me the procedure was classified as a surgery so my insurance wouldn’t cover it. Not once was I told before hand it would cost anything. And they had extensive X-rays. So the dentist should have seen there would be a problem and he should have referred me to an oral surgeon. I
can’t eat solid food and I’m having serious problems trying to drink.
Asked on May 8, 2017 under Malpractice Law, Ohio
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Medical / dental malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical/dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the dentist, it may be possible to settle the case with his malpractice insurance carrier. When you complete your treatment (surgery if you decide to have it) and are released by the oral surgeon, obtain your dental bills, dental reports, and if applicable, documentation of wage loss. Your claim filed with the malpractice insurance carrier (whether or not you have surgery) should include those items.
Compensation for the dental bills is straight reimbursement. The dental reports will document your treatment and condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the dental bills. Compensation for wage loss is straight reimbursement.
If the case is settled with your dentist's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against your dentist.
If the case is NOT settled, your lawsuit for negligence against the dentist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.