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socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39017
Experience:  Retired (mostly)
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I'm trying to see what fair consideration there would be if

Customer Question

I'm trying to see what fair consideration there would be if an oral surgeon pulled the wrong tooth. instead of a wisdom tooth, a molar was pulled. He set us up with a orthodontist and paid the bills. there remains a small gap between that is collecting food. any thoughts.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 2 years ago.


1. You would have been in pain regardless of whether the right or wrong tooth was pulled. But, now you will be in pain twice. Assuming that it takes you one day to recover from the initial pain, then that's worth one day's pay for pain and suffering. If it takes two days, then that's worth two days pay -- etc.

2. You need an implant to replace the molar. That will cost about $4,000, and if it's done right, it may take you about 3-4 separate procedures, which are painful, so, add another 6-8 days pay.

3. Pulling the wrong tooth is potentially a civil battery, not mere negligence. If the court or jury agrees, you can get punitive damages which could quadruple your damages. So. if you earn $300 per day, then 300 X 10 + 4,000 = 7,000 X 4 = $28,000.

Now, that's a thumbnail of how it might work. However, a really artful personal injury lawyer can convince the jury to pay $25,000 easy, because it's outrageous that the surgeon would pull the wrong tooth, and dentistry really hurts. And, once the surgeon's liability insurer knows you have a lawyer, it will probably settle and pay you the $25,000 without a fuss.

So, find yourself a good personal injury/medical malpractice lawyer, have him/her contact the insurer, and get your money!

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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