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A dentist who's special is in extraction pulled a Molar

A dentist who's special is...
A dentist who's special is in extraction pulled a Molar which my dentist said he didn't needed to be pulled! But was told or warned as he showed me the x-ray was infected. I don't read x-rays, so I believed him and he alarmed me about what may happen if he didn't pull it. at first I ask him what had my dentist prescribed. He said he couldn't understand why my dentist wanted the molar pulled which cracked when I bit something hard when eating and didn't see this infected molar should be pulled! He didn't contact my dentist (who later later freaked out when he saw it missing) I feel I 've been victimized he pressured me to agree with him and give him the authority to pull it. Because he put on the pressure while my husband had gone out to parking lot. Also, he had just relocated to a much much larger , newer, office building which had been multiple offices, but were combined as his alone. Another red flag was when my Insurance didn't agree with him and reported they weren't going to pay? Now I need to pay for a replacement feeling I was unfairly dealt with and takened advantaged of. Still I gave him authority but under duress.
JA: In what state did the injury take place? And do you have medical records or other documentation?
Customer: Wisconsin, Yes-My dentist sent me with papers which he looked at.....that why he need my permission - which I
JA: Have you contacted the manufacturer?
Customer: Manufacturer? I haven't started a case - because I don't know if I have one
JA: Anything else you want the lawyer to know before I connect you?
Customer: Like their opinion because this happened last January which that Spring I was admitted to a hospital with 8 blood clots in my lungs, also my husband observed with only 1 other patient in the waiting room odds are they probably need money to pay the salaries of the 5 other office workers
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11/15/2017
Ely
Ely, Counselor at Law
Category: Legal
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about your situation. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

And you may have a case here for medical negligence, i.e. malpractice. . A claim for medical malpractice, as all claims for negligence, requires the following four elements: (1) a breach of (2) a duty owed (3) that results in (4) an injury or injuries, or damages. See Nieuwendorp v. American Family Ins. Co., 191 Wis. 2d 462, 475, 529 N.W.2d 594 (1995). You'd have to show that the dentist failed to exercise the same standard as would another person in his profession in the same situation.

I would consider calling a local malpractice attorney to see if they take the case. Often these kinds of matters are settled out of court with the dentist's malpractice insurance.

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Ely
Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
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Ely, Counselor at Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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