I was disfigured by a dentist due to the damage of the face nerve caused by her when she injecting anesthetic to me. I couldn't find a lawyer who would like to accept this case because I was told that it cost a lot for the evaluation. Is there any other thing i can do to let the dentist take her responsibility? Or I can do nothing but accept the miserable reality? I just don't understand why the doctor has the right to hurt people" legally"?
You have seen how hard it is to pursue a case. It is because of "tort reform" that many attorneys have to be extremely conservative and very pick in accepting malpractice cases. Jurors feel that the price of health care and insurance will go up among other things. It is unfortunate you cannot find someone. What you can do is file a complaint with the State Dental Board and have them do their own investigation. The will probably not do anything to his license, but if he has other occurrences, they will know and can discipline him.
Adam M. StarrMedical Malpractice AttorneyMarlton, NJ ·
If you truly have a facial nerve injury related to a negligently performed dental procedure, I can't imagine that you would be unable to find an attorney to review the case on your behalf. While it is true that dental malpractice cases are expensive to litigate, those rare cases with significant damages can be worth the investment. Try to find someone who specializes in professional malpractice cases to review the case for you. Good luck.
Let me give you one reason up front. For reasons that make no sense to me, people in your state vote against your economic interest. You vote for conservative Republican tea party candidates that have passed all sorts of laws that harm average, innocent folks. You have bought into this false notion that lawyers file frivolous lawsuit, right?? You believe all these frivolous lawsuits are filed, right? Well there are none. Based on this notion your state legislature has passed laws that restrict your ability to secure justice in a courtroom. There are so many obstacles that unless the doctor or dentist almost admits to negligence--and that might not be enough and unless the injuries are catastrophic, it is very difficult to bring a claim. You get what you vote for!
If you truly believe in your claim you can only keep looking to find a lawyer willing to investigate the claim.
In order to pursue any medical negligence case it is necessary to show a deviation form the standard of care--basically meaning the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your medical records and have them reviewed by a medical expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured. Even if you were the victim of negligence, these cases are risky and expensive to pursue and if you have not suffered a severe or permanent injury, the cost may outweigh the benefits of pursuit.
Unfortunately, because of the reality of legal economics, dental malpractice cases are difficult to pursue and many attorneys will ask you to pay their costs upfront to determine whether or not there was malpractice. If you are unable to find an attorney who will be able to handle your case, you should definitely make a complaint to the dental board in your state and have them look into it. Even if you are not monetarily compensated, the dentist may be subject to punishment, etc.
