Referring dentist wrote incorrect tooth to extract on referral. Oral surgeon removed it.

Business 8 views 8 answers
Are oral surgeons mandate to do a "time out" prior to extracting teeth? Who is held responsible for this error?

Attorney Answers

8
Larry Apfelbaum ·
One or both doctors clearly made a mistake but whether or not the damages would justify a medical malpractice case are questionable. Contact some local attorneys to discuss if you have a viable claim.
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George Andriotis ·
Both doctors appear to be responsible. Consult a dental malpractice attorney with your records.
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Kyle Wright ·
Both parties will likely share in liability in this case, with the referring doctor likely having more exposure. The surgeon also owes it to you to determine that the correct tooth is being removed. A short statute of limitations exists in medical malpractice claims. You should have the records reviewed with an attorney.
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Carlos Jimenez ·
Consult a medical malpractice attorney license in your state as soon as possible. Remember there are time limits or statute of limitations that may apply to your case.
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Kevin Coluccio ·
Sorry - contact a dental malpractice attorney. The detailed facts will lead to specifically to how the claim should be pursued.
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Josh Tolin ·
While both doctors may have been in error, in terms of a damage perspective, most of us medical malpractice attorneys can only take case where there is a serious permanent injury due to the time and expense of these types of cases.I feel bad for you, but from a damage standpoint, I wish you luck in retaining someone.
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Andrew Korduba ·
Either dentist and/or both may be held responsible for this error. The question becomes what value the injury has vs. how much time and money will it take to pursue a claim. The Statute of Limitations for Malpractice in Ohio is ONE (1) year. Thus, you should consult and/or hire a lawyer to help you immediately. You should not attempt to discuss and/or negotiate settlement with the dentists and/or their insurance companies without an experienced injury/malpractice attorney who knows how to maximize the potential value of your claim.
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