Saturday, May 15, 2010

Do I have a legal case?

I went to a dentist on an emergency visit.I am allergic to Novocaine and he said they use something else similar to novocaine but it's not novocaine. Anyway he injected me 5 times and I could still feel everything.he then injected me 4 more times and I could still feel. He disregarded my pain and pulled 2 molars anyway.I was crying and complained about the pain and he litterally threw me out of his office.He yelled at me and said he never wanted to see me or hear my name mentioned in his ofice ever again.He told me he didn't care about my emotinal state and to leave at once.There is a lot more to this story but my writing is limited. He also pinched my arm 3 times to see if I knew the difference between pain and pressure. He had begun suturing my mouth but never finished. the suture string was just hanging from my gums. needless to say i ended up in the emergency room. it is now 5 days later and my face is still very swollen and very painful. Any advise would be greatly appreciated.

Do I have a legal case?
Hi! I've been in dentistry for over 25 years and there is NO EXCUSE for this cruel behavior. Document everything and get a report from the ER. I'm so sorry. If this was someone I knew I would smack the s*** out of him and bring him up on professional charges of malpractice. This was totally terrible and inhuman.


Contact the Local Dental Peer Review and file a complaint. Call the States licensing Board and ask for the phone number. Every State has one!! Write down everything in detail that happened including any conversation as you remember it. Write it carefully and stick to the facts. Do not add any comments from friends or family. Stick to what happened to YOU and what was said and done. This is absolutely horrible.


Second, contact the Peer Review and askk that he be investiagted and have a fully printed out document signed by a notorary or witness that is legal. Then contact a lawyer and ask for a consultation to file a malpractice suit for pin, suffering and damages because of horrible unprofessional behavior. People like him make my professional look bad and he needs to have his licensed yanked and be fined. I don't know what country or state you are in. If you wish to contact me with more information, send it. I am furious that you were treated so badly and I wish I knew this guy because he would be sorry afterwards. Please take action now. The Peer review is the worse thing to any professional and they will go after him. JUST PLEASE be very professional and document everything that was said and done. Don't get too wordy and emotional. Just the facts and how upset you are and how much you have suffered. Get to another dentist for antibiotics and to monitor your getting back to a normal state. AND PLEASE remember, 99% of all dentists would never have done this. A good lawyer will have a field day with him if the ER can back this up. I hope he had an assistant near by that heard him because he is mincemeat. AND HE should be. I'm truly sorry this happened to you. I have heard of this before and each time I get more angry. Please follow up on charges and get his butt in a sling before he can hurt more people. M
Reply:Yeah. Get a lawyer.
Reply:I dont think that a professional would do that to you, im sorry if it truly did happen. But unfortunately some people are allergic to the lidocaine* and if you have a heart condition they cant use that anyways. But some people just do not react to the other injection. Sorry to say, but the only other option would have been to knock you out...so no you dont really have a legal case.
Reply:Yes you have a legal case if you want to take it to court. You should contact your lawyer and see what he/she recommends. It may be possible just to report him to dental board (or medical, not sure if dental has their own), or you may be able to get him for malpractice (or the dental equivalent). Definitely don't take being treated like that lighly, do something about it.





Hope this helps. :-)
Reply:Sure sounds like you need to speak to a lawyer as soon as possible, particularly since the incident is fairly recent (why have you waited 5 days?). You can find a lawyer local to you on lawyers.com (owned by Martindale-Hubbell, which I believe is the largest lawyer directory service in the U.S.). From the sound of it, you'll probably want to talk to a personal injury and/or medical malpractice lawyer.
Reply:BECAUSE YOU DO NOT WANT TO GIVE US ALL THE DETAILS DUE TO LIMITED WRITING ABILITIES, I WOULD SUGGEST THAT YOU NOT POSE A QUESTION OF THIS TYPE TO A FORUM SUCH AS THIS. I WOULD CONTACT AN ATTORNEY SPECIALIZING IN MEDICAL MALPRACTICE CASES. LOOK IN THE PHONE BOOK. MOST LIKELY, YOU CAN SPEAK WITH AN ATTORNEY AND GIVE HIM OR HER THE LIMITED DETAILS YOU GAVE US AND THEY WILL BE ABLE TO ADVISE YOU AS TO WHETHER OR NOT YOU HAVE A CASE. IF YOU DO, MOST CASES OF THIS TYPE WILL BE TAKEN ON A CONTINGENCY BASIS, MEANING THAT YOU WILL NOT HAVE TO GIVE THE ATTORNEY A RETAINER FEE.
Reply:I would get a lawyer ASAP
Reply:I'd complain to the local board of dental examiners. I also had to have a tooth pulled and no amount of local anesthetic would numb it enough, including a shot directly into the root. So my dentist referred me to an oral surgeon to have the tooth extracted under a general anesthetic. He was bewildered, but he didn't argue with me about what I felt.
Reply:First, dentists don't use novacaine anymore. It hasn't been used since the 60's. They use other local anesthetics like litocaine and benzocaine.





The hard thing about this, if it really did happen the way you said, is to prove it. It will be your word against his. You need witnesses from the dental office that will testify in your favor.





Again, if this really did happen, I would file a complaint with your state's Board of Dental Examiners. If he has acted like this with anyone else, other complaints will have been filed that you can also use as evidence if you decide to meet with a lawyer.
Reply:Hi you can complain about him to the GDC (general dental council) I would not take him to court as its him and his full practise against you . And trust me his dental assistant etc will not put him in trouble for you.


His behaviour is out of order but i dont think you have much of a chance in a court case if you complain to the governing dental body about his behaviour they can take away his ability to carry out anymore dental procedures good luck!


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