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Surgical error/negligence?

Posted: Thu Oct 31, 2019 11:27 pm
by cuttooth
Before seeing a med mal lawyer, I'm wondering if I have a case? Had open jaw surgery last year and a tooth was cut in the process. Recently saw an endodontist and now I need an extraction, bone graft, and implant. OS claims that I signed the consent form of risks and will unlikely be covered (Kaiser).

I understand that I signed a consent form about surgery risks. But I felt that the surgeon should have been practice more preventive care earlier and I could have gotten a crown instead. Would the situation be considered part of the risk or med malpractice?

Re: Surgical error/negligence?

Posted: Tue Nov 05, 2019 9:38 pm
by Pequod
Go talk to a lawyer. A tooth being cut sounds like poor planning but I have no idea if it constitutes malpractice.

Re: Surgical error/negligence?

Posted: Thu Nov 14, 2019 9:53 am
by Speck
Howdy. Might it be a good idea to check the medical malpractice statute of limitations that applies to the state in which you live?

Re: Surgical error/negligence?

Posted: Fri Jan 31, 2020 6:37 pm
by snapdresser
I would definitely talk to a lawyer about this. That said, the case might not necessarily be a slam dunk, so there’s a chance you’re left on the hook for legal fees. Nonetheless, I think it’s worth consulting a lawyer about and seeing what they think your odds of winning are. Good luck!!!