Wednesday, February 15, 2012

Friday, October 03, 2008 Jo asks

Q: Legal question.I could use some advice and imput.

Since I had 28 oral surgeries I finally consented to  get the rest of them pulled.I have struggled with this for over 10 years.When the implants were put in I have never had such acute pain last so long.I think I nearly went insane.Imagine my reaction to hear that a friend who has worked for an oral surgeon 35 years and her husband had one implant and didn't even need to take his pain meds.I had a terrible taste in my mouth.I was constantly going to this oral surgeon and kept telling him that something just feels wrong.I can't snap the teeth onto the implants the pain was over bearing.Puss was running out of one implant.He said I don't see it so I grabbed a glove and palpitated aroung the opening and got some yellow puss on the finger,stuck it as close as possible to his face and I asked him what is this?? It took me 3 tries to find a competent ENT Doc.I asked her to culture around that area.Guess what she found.Yeast and Staph.She got it all out and I feel secure with her.But eveybody asked me why did I take so long to address this.I said I didn't the oral surgeon just kept taking me over the hill.We paid 15 thousand dollars for something that was supposed to put a stop to these costly oral surgeries.Not that I would.Because I just don't have the strength but would you think I would have a case because after I saw the first oral surgeon he suggested that I did have infection.And that it would mean a long stay in the hospital on I.V. antibiotics.I didn't like something about him so I got a second oopinion who said I didn't have any infection although I showed it to him in the same manner.Well those 2 cancelled each other out so I sought a third.And she was right on the money.Do you think I have any kind of legal recourse.Whether I do it or not I would like a professional opinion.I already got one from my friend whom we have been friends since the age of 2 and she has repeatedly told me I have infection.And we are 57.So she pretty much has known me for 55 years.Her father was a dentist and her career is in oral surgery.For over 35 years.I am just curisous to see what the experts say about this......Jo

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Answers (3)
10/ 4/08 12:22am

Twenty-eight surgeries! You have had a tough time! It does sound like you were done wrong. I am no expert but your case is complicated  by the fact that  you went to two doctors and got two different opinions. This could suggest that it wasn't a black and white situation and I think in order to prevail in a lawsuit it has to be very black and white.

 

It wouldn't help that the first doctor said you did have an infection and you ignored him. I think a lawsuit might very well cost you more than you would get. You could, however, see if theres a medical board you could complain to - if the dentist was as incompetent as you say someone should be made aware of that. 

 

At least your health has returned. 

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10/ 3/08 2:44pm

I'm not sure if this will help but here is the number for the Patient Advocate Foundation

1-800-532-5274. I hope this is helpful to you. Best wishes.  Mermaidme

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10/ 4/08 9:59am

It sounds like you have had a really really hard time, and sometimes we tend to want to blame someone else for our misgivings. But it seems to me that in this case, it does not sound like there was any malpractice, just bad judgement, and in that situation, there is no recourse for legal action. Since the doctors did not create the infection, it would be considered an exsisting condition.

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