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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Question.. My dentist put an implant in, that. I did not

Customer Question

Good evening.. question.. My dentist put an implant in, that. I did not consent to..In addition, I Told him not to put implant in that tooth,.that I was used to no tooth for years. .Also, he made a mouth guard extremely large , and bulky, and way too tight..I was informed that's the way it is suppose to fit..Approximately 1 1/4 inches long covering six teeth, & thickness of 1/2 -3/4inch)..
The Dental asst could barely pull it off from that side, and said I don't like that side let's try the other side."When I took guard off my teeth in am, it pulled out my crown.......
Furthermore, I went back to my Dentist, and he used the same gigantic guard to hold the crown in place when re gluing it. When he glued it, the guard did not hold the crown in the proper placement, of which it had been for several years which led to my biting my Lip, & hitting other teeth Ultimately. I now have that crown broken off at the gum line.. ( The tooth had a root canal, so I have no pain) ...On the other side , the crowns he installed, constantly grinds with a loud squeeky sound, on my bottom teeth. My entire teeth which are all crowns, or implants now from this Dentist (except for 5 lower teeth) do not meet. I can barely eat anything other than soft foods...He blamed me for the crown comming off,because he said there wasn't much tooth to hold onto. My entire mouth is a mess! I bite my lips, have no tooth in front upper.. ( 2nd tooth from my Top Front teeth, on my left.)..He also charged me an additional $4000 for the implant I did not want.I was kept under Anesthesia with the "Dental tube:..for 7 hours, instead of of 5 hours that I prepaid for..My Person to come and get me, was told, they .( the Dentist & Anesthesiologistadequate a judgement call )..I prepaid for my entire treatment plan, which did not include an extra implant, nor did it include the Extra 2 hours for general Anesthesia. .My Anesthesiologist did Not charge me nearly $2000 more for the additional 2 hours, , that I should have paid if I consented to it.. My Dentist did charge me $4000 for the Implant I did not want...The Anesthesiologist as well, never contacted me until immediately before this horrible lengthy lengthy procedure...I was extremely nervous, and my hands were shaking, that I could barely even sign the consent form that the Anesthesiologist had me sign, he ultimately held the paper for me, and just told me to check these boxes, he said he was sorry, and that he should have contacted me before, rather than immediately going right under the anesthesia thing. I prepaid the Anesthesiologist with a personal check $5000, right after I signed the questionaire..Both of my signatures are just scribble because I was so afraid. I don't even know what boxes I checked, because the Anesthesiologist held the paper, and read the questions to me,& told me which boxes to check. .I never had any in depth medical review prior to this 7 hour sedation..I ended up in the ER, 6 hours post op,because I was feeling like I was having a heart attack, ( and looking back, I can now say I was hulcinating as well, by myself at home,prior to ER visit) That ER Dr..as well did not believe me, that I was under general Anesthesia for Dentistry, and refused to call my Dentist or Anesthesiologist(.Thank God ..I was coming out of the paralyzation, enough to barely hold my phone in my hand, while in the ER..to call my Dentist) .I was Petrified in fear, of being admitted into a Psychic ward, and all I could think of was, they are gonna shock me, like, "One flew Over the Cuckoo's nest movie" I was praying in my head, asking Please God, help me out of this paralyzation from the anesthesia because that ER Doctor, called in the hospital psychiatrist. .I had chest pain, & severe pain in my mouth, stiches, & blood all in my mouth, & this ER Doctor would not call my Dentist or Anesthesiologist. .He kept repeating, " Your symptoms really lend to some mental disorder"..I am petrified to this day, of going under Anesthesia, or going to an ER, or having any dental work..I have Documents..It is so disturbing. .that right now, typing this, I'm crying..Dentistry was Oct 2014-- March or April 2015. PS...The Dentist sent $1000 to a Collection agency as well..I paid $3000 for an implant I didn't consent to, & stopped paying him the last $1000. I am out of a whole lot of money, and I am left with little ability to eat, and toothless in front, when I shouldn't be. I live in Scottsdale Az(This is a short version) as I've said, I have documents, I dont have DentAL Office ones. My ER.copies, don't match copy sent to my regular MD.I needed pain medicine, which Er Doctor said he would write for me, when he came back. sarcastically saying, Sorry he didn't believe me.Next i was dismissed , I was told Er Dr went home & no prescription. It, took me 3 days before I could get to my MD Dr I couldnt go. Up/down the stairs, I was all alone..I was also subjected to Brain CT in ER that I didnt need.
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn of this situation.

The dentist's conduct is both battery and medical malpractice (he implanted a device you did not want, causing you harm).

The actions by the ER physician may be malpractice (you will want to discuss this with a malpractice attorney as your care in an emergency room setting is going to be evaluated under whether the care is within the scope of practice for a provider necessary in the circumstance - so your attorney will go over this with you).

Medical malpractice claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert in the same, or similar field, to testify as to the standard of care in the industry, whether your physician or facility's conduct fell below that standard, and whether that negligence was the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.

Due to the complexity of these claims, I highly recommend that you retain a medical malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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