Family Member has WRONG tooth extracted: what's the play?

[simpdog]

.

Quick fact: At age 50 (a little above the average demographic of this site), the average American has lost an average of 12 permanent teeth (but that includes wisdom teeth).

There is no way this is true for people 50 today. Perhaps 50 year olds a decade or two ago.

Maybe you mean only California or Mississippi

Meth usage has gone through the roof.

[Sanlmar]

There is no way this is true for people 50 today. Perhaps 50 year olds a decade or two ago.

Maybe you mean only California or Mississippi

Meth usage has gone through the roof.

Yeah, I thought he meant California

You can live right - no tobacco, booze, drugs and exercise etc etc

But if you have a mouth full of missing teeth or bad gums you are rightly fucked. The gums are a direct pathway to the heart etc etc

I don’t see a free implant or two as some kind of equitable settlement. I’d righteously fuck that dentist up. This isn’t casual shit.

[Jayjami]

I was a personal injury attorney for 10 years. If this happened in California, I wouldn’t even consider taking this case. The Medical Injury Compensation Reform Act of 1975 made cases like these unprofitable.

[Sanlmar]

I was a personal injury attorney for 10 years. If this happened in California, I wouldn’t even consider taking this case. The Medical Injury Compensation Reform Act of 1975 made cases like these unprofitable.

I am curious. What is the tooth worth?

Can you look it up?

[Forum Wars]

I was a personal injury attorney for 10 years. If this happened in California, I wouldn’t even consider taking this case. The Medical Injury Compensation Reform Act of 1975 made cases like these unprofitable.

I'll provide more of an update later, but, along these lines...my the first attorney I contacted (on a whim, a contingent lawyer) shut me down! "We would not be able to take on your case at this time"...Whoa.

[Avon Barksdale]

I was a personal injury attorney for 10 years. If this happened in California, I wouldn’t even consider taking this case. The Medical Injury Compensation Reform Act of 1975 made cases like these unprofitable.

I'll provide more of an update later, but, along these lines...my the first attorney I contacted (on a whim, a contingent lawyer) shut me down! "We would not be able to take on your case at this time"...Whoa.

A quick Wiki shows it's just not worth their time.

Damage cap

Non-economic damages are limited to $250,000. Non-economic damages include claims for pain and suffering, loss of consortium, both of which permit the financial recovery for losing limbs, losing sight or hearing, the ability to walk, and all other losses that do not directly relate to economic losses.

Only two other states, Kansas and Montana, have a cap on non-economic damages in medical malpractice cases as low as California's. In 21 states and the District of Columbia there is no cap on medical malpractice damage awards. (That includes two states, Maine and Oregon, that have no specific cap on medical malpractice damages but have a cap on noneconomic damages in any wrongful death action.) Six other states have no cap on medical malpractice damages under some circumstances.[3] Florida joined that list in 2014 when the Florida Supreme Court struck down its cap on non-economic damages in medical malpractice cases involving wrongful death.[4]

California law does not include any provision to adjust the cap for inflation, so it has remained at $250,000 since it was enacted in 1975. Seven states with a cap (Idaho, Maryland, Michigan, North Carolina, South Carolina, Virginia and West Virginia) have a statutory provision for increasing that cap over time, adjusting for inflation or other factors.[5]
Attorney's fee

Attorney fees that are taken from the amount of the settlement are limited. The plaintiff's attorneys cannot receive more than 40% of the first $50,000 recovered; 33-1/3% of the next $50,000 recovered; 25% of the next $500,000 recovered; and 15% of any amount recovered in excess of $600,000. Recovered "means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim….the attorney's office-overhead costs or charges are not deductible costs for such purpose."[6]
Time limits

Shortened statute of limitations for actions against healthcare providers.
Periodic payments

Doctors are allowed to pay the award over time, as codified bu a number of different locations in the California Codes: Business & Professions Code Section 6146, Civil Code Sections 3333.1 and 3333.2, and Code of Civil Procedure Section 667.7.

[Texter]

Find out his malpractice company and what limit they will just pay to avoid the hassle.

[Tellafriend]

Damage cap

Non-economic damages are limited to $250,000. Non-economic damages include claims for pain and suffering, loss of consortium, both of which permit the financial recovery for losing limbs, losing sight or hearing, the ability to walk, and all other losses that do not directly relate to economic losses.

Only two other states, Kansas and Montana, have a cap on non-economic damages in medical malpractice cases as low as California's. In 21 states and the District of Columbia there is no cap on medical malpractice damage awards. (That includes two states, Maine and Oregon, that have no specific cap on medical malpractice damages but have a cap on noneconomic damages in any wrongful death action.) Six other states have no cap on medical malpractice damages under some circumstances.[3] Florida joined that list in 2014 when the Florida Supreme Court struck down its cap on non-economic damages in medical malpractice cases involving wrongful death.[4]

California law does not include any provision to adjust the cap for inflation, so it has remained at $250,000 since it was enacted in 1975. Seven states with a cap (Idaho, Maryland, Michigan, North Carolina, South Carolina, Virginia and West Virginia) have a statutory provision for increasing that cap over time, adjusting for inflation or other factors.[5]
Attorney's fee

Attorney fees that are taken from the amount of the settlement are limited. The plaintiff's attorneys cannot receive more than 40% of the first $50,000 recovered; 33-1/3% of the next $50,000 recovered; 25% of the next $500,000 recovered; and 15% of any amount recovered in excess of $600,000. Recovered "means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim….the attorney's office-overhead costs or charges are not deductible costs for such purpose."[6]
Time limits

Shortened statute of limitations for actions against healthcare providers.
Periodic payments

Doctors are allowed to pay the award over time, as codified bu a number of different locations in the California Codes: Business & Professions Code Section 6146, Civil Code Sections 3333.1 and 3333.2, and Code of Civil Procedure Section 667.7.

The information at the beginning of this is bullshit. Best not believe everything you find on the internet.

[limitles]

So I get the news that my family member got their tooth removed as scheduled...only it was the wrong tooth! Goes back to their regular dentist who says yes, the extractor dentist screwed up, he didn't pull the one I told him to pull...and he sends them back right away to get the real BAD tooth out by him (which happens in a sort of shocked silence). The only thing the extracting dentist says is something to the effect of "I never thought it would happen to me. It was an honest mistake".

So, what is the correct thing to do for my family member? Seems to be litigation shy, and is super shaken by all this. I will offer my services of being a liaison...It seems ludicrous to me that this could happen.

Quick fact: At age 50 (a little above the average demographic of this site), the average American has lost an average of 12 permanent teeth (but that includes wisdom teeth).

Please don't bring up Alvin Finkelstein.

He is super shaken by this? What a fucking pussy. It's a tooth not a cancerous testicle.
who cares

[Sanlmar]

https://youtu.be/iAQyoiVmof4[/video]]

The information at the beginning of this is bullshit. Best not believe everything you find on the internet.

[Tellafriend]

The information at the beginning of this is bullshit. Best not believe everything you find on the internet.

[shortbuspoker]

Obviously your "client" wants this work (2 implants) completed by a different, competent dentist.

I side with this. Get a quote from the best dentist you can find to fix it and have him pay for it. Seems fair to me.

[OSA]

Free implant + cash settlement.

Implant doesn't quite make it right, because it's still inferior to the natural tooth, and there's always the possibility of complications. Plus there's the hassle and pain associated with the implant itself.

I would start off with something like, "We just want something fair. This is a pretty big deal what happened, and something needs to be done to make it right."

Claim is probably against the extracting dentist.

That dentist does not know that the family member is litigation-shy, so you can bluff as far as that is concerned.

The best general approach is to not directly threaten anything, but to be firm and make it clear that your family member needs to be made whole Dropping statements such as, "We just want something fair" is important, so it gives them the impression that you're not trying to get rich off of this, but at the same time, won't accept lowballing.

The extracting dentist may want to avoid an insurance claim, especially if the amount you're asking for isn't high.

Here's a site discussing dental malpractice: https://www.hg.org/legal-articles/ha...practice-23428

Nice *rubs hands together*


Looks to me that you are in tip top shape. Lets get radio a move on already.

[OSA]

Also you can maybe include something about OSA needing vacation money for Colorado? Something like a 500 ball should do the trick.


Thanks in Advance.

[JACKDANIELS]

what sort of american are you if you even have to ask this question ?

obviously your friend is supposed to get his gun and go shoot the dentist

[Forum Wars]

what sort of american are you if you even have to ask this question ?

obviously your friend is supposed to get his gun and go shoot the dentist

Family member's had a weekend to think about it, at least the pain is almost gone. Will deal with this next week. Won't be doing the above.