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Maverick, Attorney
Category: Legal
Satisfied Customers: 6392
Experience:  20 years experience as a civil trial and appellate lawyer
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I'm just wondering if I have a justifiable case or not; I

Customer Question

I'm just wondering if I have a justifiable case or not;
I went to an oral surgeon to have all (4) of my wisdom teeth pulled because they were giving me problems. The surgeon pulled the teeth but left behind the root on the lower right side and broken pieces of the of the other tooth on the left bottom side and he left both sides with reminence, and he didn't file any of the bone down. I'm still having problems and I've had to have four route canals all in one year. I was shown in an X-ray where the doctor just broke the tooth off on one side (it looked like broken glass). My gums are always swelling up and red / inflamed. He also fractured the bone on one side. I've gone to three other dentist / surgeons since (one of them three months after my surgery) who have X-rays to prove this, but when I ask for my films, it's like I've been black walled / theres a cover-up. They lie and tell me they have to get authorization form their superiors first. Even after I've already filled authorization forms and given them. Ive also given them the phone number for the surgeon who did my percedure upon their request. They called and spoke with the surgeon and he told them he was willing to fix the problem but I cancelled my appointment with him to do so, The surgeon refuse to send them his notes and X-rays. So now when I ask all the other dentist/ surgeons office for my X-rays they stall me out for days / weeks. And lied and said that there was nothing wrong with my gums. At first they all told me they saw the left behind root, tooth debris, swelling and inflammation. When they finally gave me X-rays they didn't include the ones showing the area of damage and or the X-rays were so dark nobody could see them. The surgeon himself explained to me and my husband on the day of my surgery after he was done that he fractured the bone trying to get the tooth out and that he left the root behind because it was attached to the bone and that I should give six weeks for it to heal, but if it gave me any problems I should come back. However, when I called him back two weeks later because I saw/ felt a piece of the fractured tooth sticking up through the gum, ( and it was sharp). He told me and my husband to give it time to heal and that the gum will grow over and cover the piece that was sticking up. He said it takes at least one full year for it all to completely heal and that if I'm still having a problem after that to call him. I waited, the gum grow over but I was still having problems as mentioned above, I called him back and set up an appointment a year later as instructed by him. His assistant called me back to confirm my appointment and also told me that I would have to pay again. Therefore I canceled my appointment and called my insurance company because I didn't feel that I should have to pay this doctor anything for him to fix what he did. My insurance company confirmed that the doctor should not be charging me anything. The insurance company filed a complaint against the surgeon and told me that they would speak to the doctor and that I should go back to the doctor and let him fix it at no additional charge to me. I explained that at this point I don't trust this doctor in my mouth again and that I'd look for another surgeon. The insurance co rep told me to have my new surgeon forward their findings directly to her asap and that they would take back the monies paid to the previous doctor so that I wouldnt have to pay twice for the same issue. I found another surgeon and setup an appointment for surgery. He saw the root left behind and the tooth debris left behind and reminance. However, he too requested the phone number of the previous surgeon and his assistant called and was told nothing was left behind and I had an appointment and cancelled, they refused to forward any notes or films to them either. Anyway after the new doctor spoke with the old doctor, the new doctor has been speaking to me with tones of anger, discuss and sarcasm. Telling me I have some extra bone that's causing problems as well and is not the fault of the previous surgeon. There's been so much politics that has gone on with this situation. I have to reschedule that appointment because I've been depressed and sick with bronchitis, then sinus infection and depressed. Also the fact that now this surgeon is asking for $940 (the surgeon assistant says it's my co-pay for the removal of the excess bone) and my husband and I just don't have it right now. All this after I was told I wouldn't be charged anything and that I would be covered one hundred percent for this procedure by the doctors receptionist and also my insurance co. At this point, I really just don't know what to do or who I can trust.
Submitted: 7 months ago.
Category: Legal
Expert:  Maverick replied 7 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 7 months ago.

I am sorry this is happening to you. It sounds to me that you do have a case, but usually this is decided in court by what is known as a battle of the experts. Also, you will need to file suit fairly quickly so that the statute of limitations does not expire. Let me explain further.

In a medical malpractice case, the plaintiff must normally prove that (1) the defendant/doctor owed him a duty to act according to an applicable standard of care, (2) the defendant breached the applicable standard of care, (3) he suffered an injury, and (4) within a reasonably medical probability, the defendant’s breach proximately caused his injury.

To prove this, you will need to hire a medical malpractice attorney who in-turn will hire a oral surgeon as an expert to testify that what your oral surgeon did fell below the acceptable standard of care and that as a result you suffered the injuries you complain of.

If you have a viable case [one where the cost benefit weighs in your favor in addition to the good facts such as your], then a local malpractice lawyer should be willing to take the case on a 33% contingency fee basis if the case settles or up to a 45% contingency fee basis if the case goes to trial.

Normally you would want to make an appointment to see the lawyer after you get your 5 years of relevant medical history; but since you are having some problems in that area, I would say just go with the medical papers that you have obtained thus far and let the lawyer subpoena the rest for you in the context of litigation discovery.

If you tell me what city and state you are located in, I can try to help you find a list of lawyers to choose from.

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