What can I do on malpractice and Insurance Rep is denying everything? 11 Answers as of June 15, 2013The general issue at hand was the repeated falling out of a filling performed by the dentist. All within short periods of time (1 to 2 weeks, days) on the fourth attempt she caused nerve damage and her drill cut my gum line and lip so bad that an infection occurred over night. I tried to reach out to them but they refused to see me for a 5th time. I went to an emergency dentist who pointed out the infection, cleared it (little over a week), and then performed a root canal and advised a crown will be needed in the future. Now the fact that they caused a serious infection and destroyed the tooth is what I believe reason enough to sue for the costs both past, present, and future to fix the tooth. The insurance rep now handling a settlement is saying there's no malpractice present, but the other dentist (who fixed it) says there is. How do I find another dentists opinion? I was told to get at least two more expert opinions based on the clinic notes, etc.
S. Joseph Schramm | Joseph Schramm
You should speak with an attorney who does medical negligence suits, including dental malpractice and who will have access to dental experts who, in the event of trial, would testify that the care and treatment fell below the standard of care practiced by other dentists in the area having similar training. The expert would also have to testify that, in falling below the standard of care, it increased the risk of harm to the patient and caused the patient the harm you suffered. This is a bit too sophisticated for a lay person to tackle alone. Judging from what you say about the insurance representative you will have to file suit, even if you hope to gain a settlement of your case, so the sooner you retain counsel the sooner you will have an idea of the strength (or weakness) of your case from a person who, unlike the insurance representative, is working for your best interest.
Answer Applies to: Pennsylvania
LeVitus Law Offices | Kurt J. LeVitus
First of all, you should stop dealing with the malpractice insurance rep. Malpractice claims are not like simple accident claims: they almost never settle before you file a lawsuit. So, start contacting malpractice lawyers in your area to see if you can find one willing to take the case. Malpractice cases are very hard for several reasons: the defendants deny everything including negligence and causation; the experts in the area of the defendant's practice will support the defendant; it may be hard for you to find and retain an expert in that area; experts are very expensive (perhaps $600 per hour); the case will proceed all the way to trial or at least right up to trial; by that time, you and your attorney will have spent tens of thousands of dollars and many hours prosecuting the case. For all of these reasons, it may be difficult for you to find a lawyer willing to take your case. Generally, because of the investment of time and money involved, most malpractice attorneys will not even consider a case unless it is potentially worth several hundred thousand dollars. This situation is unfair to victims such as yourself. However, until there is a change in the law regarding malpractice and insurance thereon, this situation will not become better.
Answer Applies to: Illinois
Paul Whitfield and Associates P.A. | Paul L. Whitfield
The insurance adjuster may have told you to fly to the moon but you don't have to do so. You say you have one dentist. If he is sure and strong and says there is malpractice e you can file suit if he agrees to say so in writing and agrees to testify for you. it seems like a big deal to you. it really isn't and you may not be able to find a lawyer to handle it. you see the attitude of the company? They may fight you (and your lawyer) for 2 years in court and the lawyer cold burn up 20 to 30 thousand dollars in time trying to help you. your case is not worth that kind of money or the kind of money you might expect to get.
Answer Applies to: North Carolina
End, Hierseman & Crain, LLC | J. Michael End
I doubt you will be able to settle your claim without a lawyer. Even with a lawyer, you may have a hard time settling the claim. It is difficult to win dental malpractice cases. You need an expert willing to testify that the defendant dentist was negligent in caring for you. The fact that you had a bad result does not, in and of itself, mean that you will win the case. The statute of limitations for dental malpractice cases is three years from the date of injury. If I were you, I would try to find a lawyer who handles dental malpractice cases to represent you in your potential case.
Answer Applies to: Wisconsin
Gregory M Janks, PC | Gregory M Janks
It is unlikely that another opinion will change the adjuster's mind. It is likely that you will have to sue to possibly make a recovery. You should discuss this with a local Michigan attorney that regularly handles dental malpractice cases. There will also have to be an economic analysis of the costs required to pursue such a case and what a possible/probable range of recoveries might be. As a general rule you likely don't want to spend more than 10% or so of any possible/probable recovery in the costs of bringing the case, but ultimately that is up to you and any attorney that agrees to take your case.
Answer Applies to: Michigan
Law Office of Mary Louise Boelcke | Mary Louise Boelcke
Contact an attorney who specializes in dental malpractice. It sounds like there is a difference of opinion here, and if there is a way to do so, the dentist's insurance will want to deny there was malpractice.
Answer Applies to: New Mexico