When is it time to call a Dental Malpractice Attorney for Negligence?

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Summary: I am 62 yr old female. 5'0" I have a challenging health history including but not limited too, MULTIPLE SCLEROSIS & SYSTEMIC LUPUS. I went to Western Dental SJ CA and have had on going problems. Went in for two broken teeth and to discuss recrowning my upper front teeth. They told me there was no way that could be done and said my only choice was to pull all my teeth which didn't make me very happy. Long story short, I had 11 teeth pulled in one day along with bone grafts.. With their inadequate patient management, I haven't had any upper teeth since November, lost almost 25 lbs, given temp dentures that I can't wear. I ordered flexible implants. I have major trouble with swallowing & choking from MS, can't have palate. They have no record of my needing those. I'm so embarassed and look 82 instead of 62. Have had multiple impressions, been scheduled on days the oral surgeon wasn't in. Waited at times a couple hours past appointment time ending up rescheduling only to return with same problem. Was shown most recent teeth that were supposed to be my implants & I know those are not my teeth. They said my name is on the bag, therefore they are mine. Lots more issues!

Attorney Answers

3
Philip Fabiano ·
Malpractice is care and treatment that falls below the standard of care and causes injury. The standard of care is basically 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. Injury typically must be severe or permanent in order for the claim to be economically feasible to pursue even if there is malpractice. These cases are very expensive and risky to pursue. Unless it appears there would be a meaningful economic recovery to the patient the cases are cost prohibitive to pursue. 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 dental records and have them reviewed by a dental 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.
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