do I have a case?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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