What can I do about medical malpractice regarding my teeth implants?

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What can I do about medical malpractice regarding my teeth implants?

I had teeth implant 2 years ago. It didn’t go as was intended and for the last 2 years I have been

seeing this doctor for more than 12 times. As it is not resolved, I decided to be seen by other

physicians in different clinics and learned that the implant work is not done correctly. Now I am

suffering from pain and gum bleeding. Other doctors advised me to fix it as soon as possible but I cannot afford since I am still paying my debt for the previous one. I need reimbursement to be able to start the new procedure.

Asked on August 31, 2017 under Malpractice Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the first doctor, it may be possible to settle the case with that doctor's malpractice insurance carrier.
Your claim filed with the malpractice insurance carrier should include your medical/dental bills, medical/dental reports and if applicable, documentation of wage loss.
Compensation for the dental/medical bills is straight reimbursement.  The dental/medical reports will document your condition and will be used to determine compensation for pain and suffering which is an amount in addition to the dental/medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the 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 the doctor.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Since two years have elapsed since the implant, if the applicable statute of limitations is approaching, you should file the lawsuit immediately without pursuing settlement negotiations because if you miss the statute of limitations, your claim will be barred.


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