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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4187
Experience:  30 years of experience
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I went to have a molar tooth pulled and the oral surgeon pulled

Customer Question

I went to have a molar tooth pulled and the oral surgeon pulled the wrong tooth. Then they had to pull the bad tooth as well. I was in severe pain and it bled all day. I am the medical director at a surgery center and I had to go to our board meeting that night. I made it through the meeting and had a few glasses of wine to "self medicate". I got a DUI on the way home. Is it reasonable to get implants for the two missing teeth and a small settlement to help cover my legal costs?
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. Pulling the wrong tooth is fairly obvious negligence on the part of the oral surgeon. It is pretty much a slam dunk case in terms of liability. As in all malpractice cases your damages are your actual provable damages, pain and suffering, and potentially punitive damages. In such cases you are entitled to recover for corrective surgery, lossed wages for the time off from work for the corrective surgery. You will not be entitled to anything related to the DUI. Do not bring it up it will only back fire on you. Pain and suffering for this would be about 1.5 to 2 times the provable damages. Since this is a personal injury situation attorneys will take this case on a contingency basis. Also they will not charge for your initial consultation. So it is advisable to at least consult with a personal injury attorney. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you. If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck, Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Expert:  Gerald, Esq replied 1 year ago.
To be clear, you are low balling your estimated settlement potential.
Customer: replied 1 year ago.
This is personal injury, not malpractice? I assume I will be contacted by his malpractice carrier to cover my costs for repair. What are the chances I just negotiate a small cash payment along with the costs to avoid a contingency fee? Seems like they would settle to avoid the malpractice claim.
Customer: replied 1 year ago.
So you think I can get mere?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Did you get my last question?
Expert:  Gerald, Esq replied 1 year ago.
Hello:Excuse the delay I was shutting down for the night when I received your follow up question and I had to restart my system. Malpractice is a subset of personal injury. I would suspect that the insurance company will be anxious to settle with you if you are not represented. You will need to contact them. They are not likely to start the process. Yes, I think you can get more than what you are talking about. You could have potential long term damage to the bone structure for the removal of the tooth. The pain suffering and embarrassment from the original injury. Plus the cost of the reconstructive surgery (implant), loss of work, plus the pain and suffering for the implants. Take a look at the index of cases that are related to dental malpractice: You may note the smallest settlement listed is about $18K for the improper extraction.. I hope this additional information is helpful to you. Kind regards,Gerald (Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)