What can I do about medical malpractice regarding my teeth implants?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do about medical malpractice regarding my teeth implants?
I had teeth implant 2 years ago. It didn’t go as was intended and for the last 2 years I have been
seeing this doctor for more than 12 times. As it is not resolved, I decided to be seen by other
physicians in different clinics and learned that the implant work is not done correctly. Now I am
suffering from pain and gum bleeding. Other doctors advised me to fix it as soon as possible but I cannot afford since I am still paying my debt for the previous one. I need reimbursement to be able to start the new procedure.
Asked on August 31, 2017 under Malpractice Law, Minnesota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the first doctor, it may be possible to settle the case with that doctor's malpractice insurance carrier.
Your claim filed with the malpractice insurance carrier should include your medical/dental bills, medical/dental reports and if applicable, documentation of wage loss.
Compensation for the dental/medical bills is straight reimbursement. The dental/medical reports will document your condition and will be used to determine compensation for pain and suffering which is an amount in addition to the dental/medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Since two years have elapsed since the implant, if the applicable statute of limitations is approaching, you should file the lawsuit immediately without pursuing settlement negotiations because if you miss the statute of limitations, your claim will be barred.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.