I want to sue my dentist, but can't (insurance, lawyer)

[teaach]

About a year ago my dentist of 25 yrs. retired and I continued with his replacement. Big mistake. I agreed to replace a 3 tooth bridge b/c the middle tooth was disintegrating after 15 years. The cost was $3000, split between my ins and myself. As soon as the new bridge was installed there was extreme soreness and pain. I went to my MD who prescribed antibiotics for a sinus infection. The same day I went back to the dentist who said the bridge was fine. He took no gum measurement or x-ray. The pain and soreness continued. I complained again to the dentist about 3 wks later. He said there was nothing he could do. About 3 wks later a large absess appeared on the side of my gum, returned to dentist and MD. The Md said I had an infection and to see my dentist. He said I had an infection and needed a root canal. I no longer trusted the dentist, so I went to my periodontist of 20 yrs in April. He said my gum pocket was 13mm, in November it was 4mm, measured by my dentist's hygienist, before the start of the bridge work and the tooth would have to pulled, root canal would not work. The tooth was pulled, the bridge resectioned by the perio and 1 month later another part of the bridge flew out of my mouth while flossing. My perio had to remove that last tooth's root. In order to get two implants it will take about 2 years, 4 surgeries and cost about $15000. All the lawyers I have called say this not a sueable case b/c it's not financially viable. I filed a complaint with the NJ State Dental Board and the only thing I can get back is the cost of the bridge, if I win. I am a retired school teacher on a very fixed budget and cannot afford this

[exhdo1]

If you asked numerous lawyers and they all said the same thing (you don't have a case) are you then just venting or looking for other options? I'm sure surferguy26723 or stargazergal will have something different to say.

[HollaGeo]

That sucks.

[bigjake54]

Google dental malpractice lawyers in nj - Bing
AFAIK, in NJ, you have to pay another dentist to prepare a report, stating that your dentist committed malpractice, if you want to file a lawsuit. Or, you have so many days to submit the report to the court, after filing the lawsuit.
Does the dentist have insurance coverage? Perhaps you can make a claim, prior to filing a lawsuit.

[Bill Keegan]

Originally Posted by bigjake54

Google dental malpractice lawyers in nj - Bing

I know this is not the point of the thread, but I have to point it out.

I find it quite funny that the verb GOOGLE is used, even though the search was performed by a different search engine.

[TechGromit]

Originally Posted by teaach

All the lawyers I have called say this not a sueable case b/c it's not financially viable.

It's not finicianlly viable if the lawyer is working on contingency, which means the lawyer doesn't get paid unless you win your case. Anyone one can sue anyone else for any reason, however you have to foot the legal bills to do so, with no guarantee of a verdict in your favor. No lawyer to going to sue on contingency when there's no decent reward for them. Simply put it's going to cost way more than 15k to sue, just suck up the financial loss and move on.

[aedubber]

2 implants for 15k? What kind of dentist are you using ?!!?

[bigjake54]

Originally Posted by Bill Keegan

I find it quite funny that the verb GOOGLE is used, even though the search was performed by a different search engine.

How hard did you laugh? If I typed 'Bing It', would the OP know what that meant?

[exhdo1]

Originally Posted by bigjake54

Google dental malpractice lawyers in nj - Bing
AFAIK, in NJ, you have to pay another dentist to prepare a report, stating that your dentist committed malpractice, if you want to file a lawsuit. Or, you have so many days to submit the report to the court, after filing the lawsuit.
Does the dentist have insurance coverage? Perhaps you can make a claim, prior to filing a lawsuit.

Very hard to get any doctor to snitch on another. Most follow the the code of omertà!

[bigjake54]

Originally Posted by exhdo1

Very hard to get any doctor to snitch on another. Most follow the the code of omertà!

Somehow, all those lawyers manage to get some dentist to provide those Affidavits of Merit!
Paraphrased from a website: "N.J.S.A. 2A:53A mandates that a plaintiff suing for damages stemming out of personal injuries as a result of malpractice or negligence by a "licensed person", provide the professional being sued with an affidavit from an appropriately licensed person (expert) within the field stating that there is a reasonable probability that the afforded treatment and care by the defendant, and/or the skill or knowledge exercised by the defendant, fell outside of the acceptable customs, standards and/or practices of the profession. In medical malpractice cases, the expert must be licensed to practice and have actively practiced within the field and/or sub-specialty"
I've seen ads on TV from these guys: http://www.njlawyers.com/dental-malpractice.html