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Medical Forum / General / Dentistry / February 2005Dentist chipped 5 teeth
he was fitting a splint with acrylic to make it more snug. It got hard and he couldn't get it off so he was sawing and prying it off of my top teeth. The torque from prying chipped my front 4 teeth along the bottom edge. Also one on my crowned mo was chipped. I was terrified while all this was going on and there was pain from all the torque. This took 2 1/2 hours. I was sore and scared and left after they cleaned up the mess. I went back after several days and he confirmed all the chipped teeth. My teeth are still chipped and even though they aren't huge chips I am of a mind to sue him. Any thoughts please? What are my rights. Thanks > he was fitting a splint with acrylic to make it more snug. It got hard and > he couldn't get it off so he was sawing and prying it off of my top teeth. [quoted text clipped - 11 lines] > > Any thoughts please? What are my rights. Sue him he's incompetent. I would suggest seeing another dentist from now on but this one is liable for damages. You'll need at least 4 porcelain veneers @ 1000 each. So sue for the actual damages plus pain, suffering and emotional distress. Did he call you that night to see if you were alright? If not, sue for patient abandonment as well and file a complaint against him with the dental licensing board of your State. Get a lawyer if you can't handle it yourself. > Thanks >> he was fitting a splint with acrylic to make it more snug. It got hard and >> he couldn't get it off so he was sawing and prying it off of my top teeth. [quoted text clipped - 17 lines] >Sue him he's incompetent. I would suggest seeing another dentist from now on >but this one is liable for damages. I am not so sure about that. Joel > You'll need at least 4 porcelain veneers >@ 1000 each. So sue for the actual damages plus pain, suffering and [quoted text clipped - 4 lines] > >> Thanks > he was fitting a splint with acrylic to make it more snug. It got hard and > he couldn't get it off so he was sawing and prying it off of my top teeth. [quoted text clipped - 13 lines] > > Thanks First of all, anyone can sue anyone for anything. A successful law suit is another thing. What you are supposed to prove for a successful law suit are negligence and damages. You certainly have damages, but whether what was done rises to the level of negligence is not self-evident. Getting acrylic devices locked onto teeth is something just about every dentist has done--yours truly included. Utilizing enough force to break teeth is another story--but we know nothing about how he tried to remove the splint, what kind of shape the teeth were in beforehand--which can change the way the damages are viewed. From a practical standpoint, since malpractice cases are taken on a contingency basis, unless there is a potential large payday you aren't going to find a lawyer to take your case. Lawsuits are expensive to bring, and few lawyers (unless they're really hungry) are going to take a case where the damages are a couple of minimally damaged teeth. You also haven't told me whether you have given the dentist the chance to put things right. If the dentist has offered to repair the damage and you refuse to see him again, the legal and ethical situation is not too clear. In short, it is not clear whether this is incompetence or an unfortunate accident. Give him the chance to fix the teeth, or at least discuss the issues with him prior to going to a law suit. Steve Yes, discuss the issues with your treating dentist and see if you can get a mutually acceptable resolution.  SignatureGregory P. Cole, B.S., D.D.S. (Flap) www.smilesforalifetime.com Flaps Dental Blog http://flapsblog.blogspot.com/ Liberae sunt nostrae cogitationes >> he was fitting a splint with acrylic to make it more snug. It got hard >> and [quoted text clipped - 42 lines] > > Steve To answer some of the questions to my post. Yew he called 2 times that evening but I wasn't home. I was to upset to cook so my husband took my out to eat. To talk about this for a moment, I am afraid that my front teeth are going to chip or break if I bite anything with any force, even an apple. I went to seen him a few days after he called again. He acknowledged the damages and one more tooth I wasn't sure of. I had he grind down the broken molar because it was uncomfortable. He wants to do all the corrections for free... Like I should have to "pay" to have him do it. He also will not charge me for a new splint if I still want one. I was getting the splint to make sure my teeth and gums stayed healthy since I guess I clinch them at night. He said that he wants to build up the teeth along the bottom edge as opposed to grinding them off, therefore making them shorter. I wouldn't want shorter teeth. They'd look fake. I am going in for a cleaning in 2 weeks and they made an appointment for me in 4 weeks to do the work, during which time I am going to bleach my teeth. I want them a white as possible before I get any new color added to the edges. My teeth and gums are in very good shape. I am 53. He has pretty much rebuilt my entire mouth over the past 10 years. I have all my molars capped now. Are they supposed to be dark at the gum line? I do hate the look of that. I should have Hollywood teeth by now shouldn't I? Thanks > > he was fitting a splint with acrylic to make it more snug. It got hard and > > he couldn't get it off so he was sawing and prying it off of my top teeth. [quoted text clipped - 38 lines] > > Steve > To answer some of the questions to my post. > [quoted text clipped - 84 lines] >> >>Steve Most crowns are porcelain baked over a coping of metal. This gives a balance of esthetics and strength, but one area they aren't so great in is esthetics at the gumline, where the porcelain is thin. If the gumline recedes even a little you may see the metal edge of the crown, which will look dark. Dentists are doing more all-ceramic crowns now, which are more cosmetic. I still believe you're giving up a little in the strength department, so I would reserve their use to areas where esthetics is critical and moderate biting forces make their use a good bet. You still may see the edge of the crown if the gumline recedes, but it won't be dark. It sounds like you've built up a good relationship with this dentist over 10 years, and it seems like he's showing genuine concern. I wouldn't let one mistake in this time send you running to lawyers. Best, Steve SignatureMark & Steven Bornfeld DDS http://www.dentaltwins.com Brooklyn, NY 718-258-5001 > > To answer some of the questions to my post. > > [quoted text clipped - 44 lines] > > > > the Sounds like a torture chamber he's running. > >>>torque. This took 2 1/2 hours. > >>>I was sore and scared and left after they cleaned up the mess. [quoted text clipped - 13 lines] > >>First of all, anyone can sue anyone for anything. A successful law > >>suit is another thing. Plaintiffs are successful in 78% of civil actions. They only have to prove their case by the preponderance of the evidence and in most places only have to convince 4 out of 6 jurors :o) So be careful Bornfeld, you sound like you're too eager to discourage this woman. I wonder why? Hmmmm > >>What you are supposed to prove for a successful law suit are negligence > >>and damages. You certainly have damages, but whether what was done > >>rises to the level of negligence is not self-evident. You only have to prove damages caused by the practitioner and they exist in this case. If he was negligent that would come under punitive damages, not to mention pain and suffering :o) Getting acrylic > >>devices locked onto teeth is something just about every dentist has > >>done--yours truly included. That's why we make you go to dental school lol Utilizing enough force to break teeth is > >>another story--but we know nothing about how he tried to remove the > >>splint, what kind of shape the teeth were in beforehand--which can [quoted text clipped - 6 lines] > >>You also haven't told me whether you have given the dentist the chance > >>to put things right. Yes, let him "put things right" and pay you $100,000. In future he'll be more careful. If the dentist has offered to repair the damage > >>and you refuse to see him again, the legal and ethical situation is not > >>too clear. [quoted text clipped - 17 lines] > It sounds like you've built up a good relationship with this dentist > over 10 years, and it seems like he's showing genuine concern. He's afraid of a lawsuit haha I > wouldn't let one mistake in this time send you running to lawyers. > > Best, > Steve > You only have to prove damages caused by the practitioner and they exist in > this case. If he was negligent that would come under punitive damages, not > to mention pain and suffering :o) http://www.geomedics.com/ebook/medmal/ > > You only have to prove damages caused by the practitioner and they exist in > > this case. If he was negligent that would come under punitive damages, not > > to mention pain and suffering :o) > > http://www.geomedics.com/ebook/medmal/ Yes, just as I said. Not a dentist, just advice from Ann Landers column at one time, said it before, but worth repeating? For those that are not too high strung or high tension personality, when laying down, even while up, and when sleeping, relax and put the tongue between the upper and lower teeth and learn to keep it there, will keep the teeth from clenching. Handy and easy to maneuver with the same effect as an appliance. Do this at your own risk, however, if you have any problem with it. Gail Gail, This is very much a meditational way of relaxing the mouth and chin.. MC >Not a dentist, just advice from Ann Landers column at one time, said it before, >but worth repeating? [quoted text clipped - 6 lines] > >Gail I guess you could sue the dentist for biting your own tongue though! "I guess you could sue the dentist for biting your own tongue though" Yes, especially if the tongue bleeds and you end up with a lisp" Gail >"I guess you could sue the dentist for biting your own tongue though" >Yes, especially if the tongue bleeds and you end up with a lisp" > >Gail That is spelled "lithp." Gail, Does it have to bleed to get the lisp..MC Hey Gail, I have a clock that belonged to Ann Landers. MC >Any thoughts please? What are my rights. > >Thanks Watch out for the lefts. -- W_B Take out the G'RBAGE wubbabubbazG@RBAGEyahoo.com |
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