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Kevin S asked in Business & FinanceInsurance · 1 decade ago

medical malpractice dentures tooth extraction sue?

I needed all teeth extraction and full dentures. I got half my teeth extracted from another dentist then the other that were left (10 in the front) were extracted by my main dentist. However, he extracted ALL 10 at once. Is this allowed? My body temperature increased and I got a headache. He put the immediate dentures in right away.

Not only that but he never told me that my insurance can only pay for the top dentures so he told them that he only extracted my top teeth and that he only made an upper denture. I found out that when the next annual cycle comes in (when I get another 1000 to use for dental work) he will use all of that up by telling them he did the lower denture and lower tooth extraction. If I tell my insurance what he is doing he is just going to send me the bill because everyone signs a form before all of these procedures are done.

Not only THIS but the dentures are horrible and do not fit and he does NOT want to make any adjustments because the insurance does not pay well. I look ape-like with the dentures in my mouth and can only wear the upper denture. I haven't eaten properly in 12 months and have lost a total of 35 lbs.

I can't go to a new dentist because he took all the money from the insurance plus whatever is coming is within the next annual cycle. If I get my own dentures I would have to pay out of my pocket.

What are my options?

4 Answers

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  • 1 decade ago
    Favorite Answer

    I am not an attorney...I am not in the medical profession. I do insurance training and risk management. I can tell you this: Meet with an attorney...make sure is one that has dealt with medical malpractice before.

    From what I have read in your question, there is most definitely a possible error or omission on part of the dentist. Usually, your attorney would write a letter to the dentist stating the facts of the matter (sort of like you've just stated in your question), said attorney will give the dentist a reasonable time (usually 20-30 days) to answer the same.

    This is what the dentist will do: Send the letter to his/her Medical Malpractice insurer...they will kick-in and defend its insured the dentist...the attorneys that will be assigned by the insurer to defend the dentist will try to prove the dentist was not negligent or legally liable. If the dentist does not have medical insurance, that fact does not preclude him of his liability towards you.

    On the other hand, your attorney will prove that in fact the dentist was liable...

    At some point in time this will happen: You both will go to court or you both will settle out of court.

    Anyway, I just hope whatever the outcome is, may it be for your benefit.

    Hope this works for you!

  • 5 years ago

    So what is the malpractice here? Not telling you (assuming they knew) has posed no risk to your child unlike if it were a heart condition or suchlike, and what could they have done? Judging by the quality of ultrasound pictures I very much doubt that the deformed facial features were obvious, I can only just make out the vague shape of the baby. Even if they had known and told you what would you have done, had an abortion? not very good being seen to not want a child because his face is slightly deformed! I think you are just angry and want to take it out on someone, go ahead if you like but the whole case would rest on being able to determine the deformity from the ultrasound and even if you could I doubt you'd win. Sorry but there probably isn't much you can do.

  • 1 decade ago

    Of course it's allowed! There's no law saying, "you can only pull up to 9 teeth at a time" or anything like that.

    Yes, you get a headache, and can get a fever, when ONE tooth is extracted!

    It's not up to HIM to tell YOU what your insurance is covering. It's up to you, to call your insurance BEFORE he starts, to know what the limits are.

    If the dentures don't fit well . . . find another dentist who will refit with new dentures, and pay for them yourself.

    What in the WORLD is WRONG with paying for your own dentures? I really don't understand that. If you NEED them, you pay for them. If you only want them, if someone ELSE is footing the bill, you can't need them too badly.

  • Anonymous
    1 decade ago

    Put your teeth under your pillow before you go to sleep in an envelope w. a note to the tooth fairy explaining the actual cost and inc a veiled threat to go after her for the pain and suffering aspect if she does not comply and settle the account in full immediately!

    This is guaranteed to cost less than involving any lawyers..

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