Legal Question in Medical Malpractice in Florida

Hello,

My question is two-fold:

1. It was found by my current dentist that I have a dead tooth resulting from the actions of my previous orthodontist. On contacting him, he seemed to be willing to compensate me out of court, but only very minimally. The tooth has cracks in it and will require a specialist incurring upwards of $2000 just to root canal and cap it, should that fail and the tooth fall out I would require an implant costing probably another $3000. I was under the orthodontist's care a few years ago, are there any time limits to compensation for things like this? He seems to only be alright with the lesser amount of compensation out of court, and wanted a full agreement not to pursue any other issues once paid. Should I settle out of court or not?

2. There is also potentially some dental cement debris that can be linked to my orthodontist before the last. The orthodontist who was responsible for my dead tooth bought the business from the one responsible for these debris so I am not sure of the liabilities involved. This case would require flap surgery to remove the debris which could be $1500-3000, but also has other systemic issues involved in that it caused me to have nasal polyps for years. This deformed my nasal bones and will require septoplasty and rhinoplasty to repair - costing upwards of $8000. Who is liable for this in court and how does this work into my prior case? Should I settle out of court for this one? How do I make the prior agreement keep this issue legally available should I try and take it to court?

I hope I have been clear, Thank you very much!


Asked on 3/30/11, 11:29 pm

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

I suggest you see an attorney. The doctor will never agree to hold the matter open, and it could be many months before you dental issues resolve. For an explanation of medical malpractice, which includes dental, see www.FL-PI-Lawyer.com.

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Answered on 3/31/11, 10:17 am


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