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David Stewart
David Stewart, Attorney
Category: Personal Injury Law
Satisfied Customers: 221
Experience:  Highly experienced Personal Injury attorney
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I am writing to ask if the situation I'll describe Is a

Customer Question

I am writing to ask if the situation I'll describe
Is a legal issue that can be pursued in court or mediation. AFTER metting a dentist for the first time and doing the eval and treatment plan I went in for first vist. Note that on the paperwork and verbally I discussed with the doctor that I have a medical condition CPTSD and Dissociative Identity Disorder and that what has helped in the past has been to speak with the dentist prior to the procedure asking for what I need which was for him to go slow, pay attention to my level of pain and distress, and. Stop whenever I said stop.
He nodded affirmatively, and said " you tell
Me when pain, I numb you up." Well in fact. I was not numb when he began to extract the bottom left tooth. I told him. He gave me 2 more shots of novacaine. He said that will work as we continue to proceede. If fact, I was in serious pain expresing it. Verbally and. In my body language. He pulled that tooth out after 40 minutes of struggling. At this point, I said STOP, I NEED. A BREAK. " I INHALED AND. SAT FOR. A MINUTE. THEN THE DENTIST came into my mouth and began quickly workinng on the lover bottom right tooth... I said STOP and he continuted to perform a medical procedure after I had withdrawn my consent.
After, he was tired and said he would stop now and have to reschedule an appointment to pull the other tooth that my new dentist says after 6 months does not need to bre extracted. In the days following I saw 5 other medial professionals who can verify the state that I was in and my medical condition. These include a dentist, an oral surgeon.a social worker, a chiropractor, and a psychologist. I live in Massachusetts.
Submitted: 9 days ago.
Category: Personal Injury Law
Expert:  David Stewart replied 8 days ago.

Hello: my name is ***** ***** I will assist you today. You are describing a medical malpractice case in the form of lack of informed consent and very possibly negligent care although you will need an expert to give an opinion as to that issue. I would suggest you contact an attorney that does this type of work in your immediate area. One firm I found that you could speak with is here: http://www.crowemulvey.com/practice-areas/dental-malpractice/

These firms will provide you with a free consultation on your claim and let you know if they believe it is a solid claim and if so will take the claim on a contingency basis meaning they don't get paid unless you win. In response to your immediate question, yes I believe you have a legal claim that could be pursued in court or through a mediation process. To maximize your recovery, however, I would suggest working with an attorney to represent you who specializes in this type of work like the firm in the link. I hope this helps. All the best, David