Legal Question in Medical Malpractice in Florida

Facial Injury

Four years ago my dentist in Illinois used a new method to administer novicane. It has left my face with a permanent bruise. I now live in Florida. Do I have recourse?


Asked on 3/29/08, 7:56 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Facial Injury

This is a question that must be answered by an Illinois lawyer, as that state's law will govern and any action will almost certainly need to be brought there, not here.

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Answered on 3/29/08, 10:20 am
David Davies Law Office of David H. Davies

Re: Facial Injury

Since the treatment was in Illinois, Illinois law will apply and you need to talk to an Illinois attorney.

Your question raises a number of issues. First of all, in many states Dental treatment is lumped together with medical care for purposes of determining how much time you have to start an action.

If it is determined that the time limit is 3 years (Check with an Illinois Attorney!) and it has been 4 years-is there a reason for the time to be extended? For instance, in most states if you were a minor at the time of treatment, the time may not begin to run until you become an adult. There may be other laws in Illinois that would allow you to extend the time.

Another question that may need to be looked at is whether or not the product that was used was defective-not safe- and is the manufacturer liable?

You really need to talk to an Illinois attorney as soon as possible. It should not cost you anything to discuss this type of case. I am not licensed in Illinois and cannot answer your questions but I have been handling malpractice cases for many years and I know that most of these cases are on a contingency basis which basically means that you do not pay out of pocket-the fees come from the bad guy! The attorney fees are a percentage of what we can get for you!

God Luck!

DHD

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Answered on 3/29/08, 5:13 pm


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