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  • Lawyer up?

    FRAT Version:

    Dad had a failed dental implant, procedure to prevent nerve damage not followed or suggested, now has constant numbness and pain. Should he sue?


    About a year ago, my dad went to his dentist for a bridge on his bottom jaw. He did not opt to see a specialist, as the regular dentist stated he could perform the work needed.

    During the surgery to put in the bridge, the dentist struck a nerve in his lower jaw, and the result is constant numbness and tingling pain (like Novocaine wearing off) across his whole lower jaw. We believe this is going to be permanent.

    After several months (original dentist said the pain should go away) my dad went to see a specialist. The specialist informed him that the implant had failed, and would need to be replaced. Also, he told my dad there is a procedure that should have been used that identifies where the nerve is during this type of surgery, so a dentist doesn't hit that nerve. This procedure was not suggested / performed by the original dentist.

    My dad had hoped the new procedure may reduce the pain of the original surgery / nerve damage. The new bridge is holding up, but the pain and numbness is not going away.

    In this scenario, should my dad be talking to a lawyer? He feels that, at the very least, the follow up procedure should be covered by the original dentist, and I think he should also be compensated for pain and suffering that will most likely last the rest of his life.

    If he were to sue, would the lawyers just wind up taking the $ anyway?

    If he should sue, can anyone recommend a lawyer?

    Thanks for your input...

  • #2

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    • #3
      Time for the strongarm...... Just watch daytime tv. They don't just bark, they bite and can get you the money you need. When you need it!

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      • #4
        Originally posted by Buzzo
        Some dudes jump out of airplanes, I fuck hookers without condoms.

        sigpic

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        • #5
          This isnt malpractice...

          Medical malpractice is defined as any act or omission or negligence by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.
          The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

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          • #6
            Originally posted by davbrucas View Post
            This isnt malpractice...

            Medical malpractice is defined as any act or omission or negligence by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.
            The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
            So would it not be that:
            1: Original doctor has a duty to cause as little harm as possible by locating and avoiding the nerve
            2: He did not do so
            3: He hit the nerve
            4: now the patient has pain/numbness

            I'm not a doctor or a lawyer, but it seems to fit to me.
            "A government big enough to give you everything you want, is strong enough to take everything you have."
            -Gerald Ford/Thomas Jefferson

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            • #7
              Shit happens. Just be happy it wasnt worse. I have seen patients die from surgery and guess what, shit happens. There are always complications anytime you mess with the body. You do your best to minimize this, but it happens.

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              • #8
                Originally posted by davbrucas View Post
                This isnt malpractice...

                Medical malpractice is defined as any act or omission or negligence by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.
                The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
                All to be presented to the "trier of fact (jury)" to determine if the dentist breached his duty to the patient. If the dentist was negligent in not performing the nerve, your dad may have a claim. Talking to an attorney won't hurt.

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                • #9
                  Originally posted by Sean88gt View Post
                  All to be presented to the "trier of fact (jury)" to determine if the dentist breached his duty to the patient. If the dentist was negligent in not performing the nerve, your dad may have a claim. Talking to an attorney won't hurt.
                  Of course it won't hurt, his jaw is numb!

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                  • #10
                    Originally posted by 8mpg View Post
                    Shit happens. Just be happy it wasnt worse. I have seen patients die from surgery and guess what, shit happens. There are always complications anytime you mess with the body. You do your best to minimize this, but it happens.
                    That's the attitude i want from the nurse taking care of me.

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                    • #11
                      Originally posted by lo3oz View Post
                      That's the attitude i want from the nurse taking care of me.
                      No shit. I'm glad the margin of error is so great that its acceptable.

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                      • #12
                        Wouldn't skipping a procedure designed to minimize risk be a little negligent?
                        ZOMBIE REAGAN FOR PRESIDENT 2016!!! heh

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                        • #13
                          Is the specialist he consulted a neurologist? If not have you considered seeing one? You can't realistically expect a dentist to do a CAT scan before building a bridge.

                          Everyone is different, he may have done the exact same procedure on someone previously and it worked.

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                          • #14
                            Originally posted by YALE View Post
                            Wouldn't skipping a procedure designed to minimize risk be a little negligent?
                            Yep. IF the reasonable dentist would have performed the procedure, then Dr. Dicksmack, D.D.S., should have done it.

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                            • #15
                              Originally posted by Sean88gt View Post
                              Yep. IF the reasonable dentist would have performed the procedure, then Dr. Dicksmack, D.D.S., should have done it.
                              That is one mighty, "if."
                              ZOMBIE REAGAN FOR PRESIDENT 2016!!! heh

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