Legal Question in Medical Malpractice in California

My legal claim has to do with a Dental malpractice issue. My Dentist mailed me a letter recently saying that he is moving to Sacramento but would be practicing in his local office one day per week. I received a call from the new secretary (I discovered that the entire dental staff had been replaced) and she told me that I had a pre-scheduled dental cleaning. So, I went in today and a new male assistant (homosexual by the way) took 18 x-rays which were painful. My gums, lips and cheek were cut open with the film. I told him that they were bleeding and he didn't seem to care. He asked me how my "gag reflex" was and if I liked having things in my mouth. I felt very uncomfortable with his questions.He did not know how to operate the x-ray machine and asked a female assistant for help. She did not know how to operate it either. He said,"I guess this is how it works." He had me hold the X-ray scope while he took the x-ray. I hope that I wasn't exposed to much radiation as a result. While adjusting the scope to my mouth, it hit my face a dozen times. He said,"sorry about that" each time. He then asked me if I knew about dental hygiene. He proceeded to bring out the dental floss and approach me from behind while I was seated and he flossed my bottom tooth and pressed down very hard. It began to bleed.I didn't receive suction, a cup of water etc. I had to swallow my blood. The new Doctor, Dr. Lin then arrived and introduced himself. He smelled like a cigarette company. His exam began with a physical exam of my lymph nodes and temples which was the first time that a dentist has done that to me. He's not a physician. He used a dental pick and poked around and I suddenly felt something odd. As it turned out, he had removed my filling that was on my upper Wisdom tooth. It is now exposed and he didn't repack it or treat it. He said that he would remove the tooth and he told his assistant to add that to his list of my future dental work. I believe that it is subject to a possible infection if left in its current state. He said he could remove it in his office with just a shot. I went in for a dental cleaning and would up with a missing filling, bloodied lip, gums and cheek. It took almost 2 hours and I did not get my teeth cleaning.

He kept remarking and joking on how he will be making a lot of money from my teeth. He scheduled an appointment for me for tomorrow for the teeth cleaning that I should have received today as well as 2 fillings. I do not feel comfortable with the services of this dental office now with its new staff. I called to cancel thge appointment.

I Googled the new Dentist's name and discovered that many of his patients experienced the same problems and one said that he was the worst dentist ever.

I am now stuck with a missing filling on my wisdom tooth and it may likely need to be extracted through no fault of my own. I don't believe that I should have to pay to have this tooth treated since I did not remove the filling. There was absolutely no problem with that tooth.

I emailed my old dentist and he said that he would handle the matter. A few hours later the new dentist said that he would refill my wisdom tooth at now charge, but I have no confidence in him to allow him to do so. What are my legal rights against him and his dental practice?


Asked on 12/29/10, 11:05 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Run, don't walk, away from that dental office before you have more damage and incur more costs and unnecessary pain. You could send the dentist a strongly worded letter that you expect that he would compensate you for repair of the filling or extraction. In addition, have him send the x-rays and your chart to a different dentist. That dentist should be able to determine if the x-rays were over-exposed, and whether your wisdom tooth can be saved. In addition, you can complain to the state dental board. To determine whether there was actionable malpractice, depending on what the new dentist says, you might consult with an attorney in your area who would have to review all of your records with a dental expert.

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Answered on 1/04/11, 8:13 am


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