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

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    Gold Forum Wars's Avatar
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    Family Member has WRONG tooth extracted: what's the play?

    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.
    Last edited by Forum Wars; 09-27-2018 at 06:37 PM.

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    Gold abrown83's Avatar
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    Quote Originally Posted by Forum Wars View Post
    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.
    Have the Dentist insurance pay for implants and lost time from work.

    Fair, simple and dentist will snap agree to it.

     
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    Quote Originally Posted by abrown83 View Post
    Quote Originally Posted by Forum Wars View Post
    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.
    Have the Dentist insurance pay for implants and lost time from work.

    Fair, simple and dentist will snap agree to it.
    Thanks. This was the second thing I thought of and it seemed like a fair fix for all. (The first thought was proceed with a lawsuit or try to get an settlement pre-lawsuit). But really, two implants is going to fix the teeth issue for "my client" sort of fully and I see they can last 25 years to life. I think that's really what they want --- for this to be fixed. I can see how the dentist would want this too - don't put a claim against their malpractice insurance and if they can do the work, it's really just their time with the nominal hardware costs. Sounds like a plan.

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    Shoot for something extra 25k maybe

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    Diamond shortbuspoker's Avatar
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    Pretty bad luck that the dentist fucked up a 50/50

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    Quote Originally Posted by shortbuspoker View Post
    Pretty bad luck that the dentist fucked up a 50/50
    Yeah, well, I think it was a molar beside the bad one he took out. There's actually a lot of things that a dentist can do so that this NEVER should happen.

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    Owner Dan Druff's Avatar
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    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

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    How old is the dentist?

    How old is the person?

    What tooth was it?

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    Tell them to put it back in or else!

    (really though, do whatever druff says)

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    Quote Originally Posted by Dan Druff View Post
    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
    I think this is the best approach. This is exactly how I'll word it when I contact the dentist...because the person that this happened to really does want something fair. I believe BOTH teeth should be replaced for free, and yes, I see that implants don't have the same regular "feeling" that you get with regular teeth, you have to rely on the gums and tissue around the implant to feel with those "teeth".

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    Owner Dan Druff's Avatar
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    Also weird that this happened.

    I've had a few extractions in my life (I was unlucky enough to have not one, but TWO cases of resorption -- a rare situation where your body attacks its own tooth), and I always knew exactly which tooth they were pulling.

    Zero point zero chance this could have happened to me, and I think most people are pretty aware of which tooth needs to come out.

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    Quote Originally Posted by Dan Druff View Post
    Also weird that this happened.

    I've had a few extractions in my life (I was unlucky enough to have not one, but TWO cases of resorption -- a rare situation where your body attacks its own tooth), and I always knew exactly which tooth they were pulling.

    Zero point zero chance this could have happened to me, and I think most people are pretty aware of which tooth needs to come out.
    I will definitely eventually ask why they couldn't tell it was the wrong tooth. But I'm gonna wait a bit (don't want to make it seem like I'm blaming the victim and all that).

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    Owner Dan Druff's Avatar
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    Quote Originally Posted by Forum Wars View Post
    Quote Originally Posted by Dan Druff View Post
    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
    I think this is the best approach. This is exactly how I'll word it when I contact the dentist...because the person that this happened to really does want something fair. I believe BOTH teeth should be replaced for free, and yes, I see that implants don't have the same regular "feeling" that you get with regular teeth, you have to rely on the gums and tissue around the implant to feel with those "teeth".
    Oh, I forgot there's a second tooth involved!

    Yeah two implants for free would be a reasonable settlement, in my opinion.

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    Quote Originally Posted by Dan Druff View Post
    Also weird that this happened.

    I've had a few extractions in my life (I was unlucky enough to have not one, but TWO cases of resorption -- a rare situation where your body attacks its own tooth), and I always knew exactly which tooth they were pulling.

    Zero point zero chance this could have happened to me, and I think most people are pretty aware of which tooth needs to come out.
    It's actually not that weird. There are some geriatric dentists running around, very confident in their abilities, as they lose their mind. As they age, their skills slip. They don't invest in technology. Their staff ages. Things get missed, dealing with 8-10 people per day, 4-5 days per week. Not everyone is as aware as you, some of the patients are nuts / checked out / clueless.

    Working in dental care is basically dealing with the general public. Barely a step removed from being a cashier at a drug store, as far as clientele goes.
    Last edited by v12cl; 09-27-2018 at 10:14 PM.

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    My guess is that the dentist will offer you free dental work in the neighborhood of $2500.

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    Gold Kuntmissioner's Avatar
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    Obviously your "client" wants this work (2 implants) completed by a different, competent dentist.

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    Owner Dan Druff's Avatar
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    Quote Originally Posted by v12cl View Post
    Quote Originally Posted by Dan Druff View Post
    Also weird that this happened.

    I've had a few extractions in my life (I was unlucky enough to have not one, but TWO cases of resorption -- a rare situation where your body attacks its own tooth), and I always knew exactly which tooth they were pulling.

    Zero point zero chance this could have happened to me, and I think most people are pretty aware of which tooth needs to come out.
    It's actually not that weird. There are some geriatric dentists running around, very confident in their abilities, as they lose their mind. As they age, their skills slip. They don't invest in technology. Their staff ages. Things get missed, dealing with 8-10 people per day, 4-5 days per week. Not everyone is as aware as you, some of the patients are nuts / checked out / clueless.

    Working in dental care is basically dealing with the general public. Barely a step removed from being a cashier at a drug store, as far as clientele goes.
    It's actually a big problem in general with doctors AND dentists who don't know when to retire.

    When I'm looking for a doctor or dentist, I always check their age. If they are long in the tooth, I don't go to them (unless I have no choice, or everyone else is even less appealing).

    If they are too young, I also avoid them, fearing lack of experience.

    The sweet spot is right around my age. When I see a doctor or dentist is in their mid-40s, that's what I think is best age-wise. Experienced, yet too young to be senile, and also young enough to want to stay up to date. 50s is also okay, as is mid-late 30s.

    I've seen horror stories in reviews regarding doctors who did surgery and botched it, and the doctor is like 73 years old. Well, yeah. No way I'm letting someone over 70 cut into me.

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    Quote Originally Posted by Dan Druff View Post
    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

    Druff is correct.

    Implants are a pain in the ass. Need some cash on the side for the anguish and trouble. Sue everybody

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    Diamond Tellafriend's Avatar
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    This is actually more common than you would think - especially with the Mexican clientele who can't afford any dental work so they usually just get a problematic tooth pulled quickly. anyway, the tooth where i practice is typically worth $15-$30k. Only caveat would be if your client was in the business where his personal appearance mattered a lot. the dentist likely has malpractice and they will pay in that range w/o filing suit. GL.

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    Plutonium Sanlmar's Avatar
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    Quote Originally Posted by Forum Wars View Post
    .

    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

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