Legal Question in Medical Malpractice in California

Dental Malpractice

Please help! I am a new attorney and have been asked by a desparate friend to help him out and it is beyond my experience. By the end of the month his statute of limitations runs out and he wants to sue his dentist for malpractice. The case has to do with an improperly placed bridge and subsequent improperly completed root canal. The end result after many failed attempts by this dentist to get it right was implants. He saw 4 other dentists to remedy the situation. At his consultations, they all made a big deal about what a poor job and how far below the standard it fell. But when he requested their observations in writing, they wouldn't repeat anything that they said. They wanted the business but didn't want to betray a fellow dentist. I told him all that I can do is to try and and get his case to an attorney specializing in dental malpractice who could better review it than me. But I'm not having such good results in finding dental malpractice attorneys in the Los Angeles area ( the one contcated is only interested in huge damages). His damages are at least $20,000 in work, lost time from work and lots of pain and suffering for the past two years. Mostly I'm worried about the time frame so he doesn't miss the statute of limitations. Should he file or can there bean extension? Thanks for responses.


Asked on 12/10/97, 8:07 pm

3 Answers from Attorneys

Benjamin Glass Law Offices Benjamin W. Glass & Associates

Dental malpractice cases are tough

I can't give you any info on the statute of limiationsfor your state but I can give you some observationsabout dental cases. First, you are wise to tryto find someone more experienced.Next, I have found these cases to be very difficult.The reasonis that you friend probably needed the bridge and the rootcanal (no fun in themselves) in the first placeThis is an indication of poor dental condition to begin with.He may or may not have ended up needing implantsto begin with. For many, if not most, experienced medicalmalpractice attornies, a case with 20K in specials and a badpre-existing condition is just not worth getting involved in.

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Answered on 12/11/97, 6:02 am
William Marvin Cohen, Placitella & Roth, P.C.

dental malpractice

I hope, for your sake, that your friend is not relying on you to find counsel. I'm sorry I can't suggest anyone on the other coast from me. As Ben Glass said, dental malpractice cases are tough in the best of circumstances; causation and damages are rarely very good.

Second, a case which is on the bring of the statute of limitations is a red flag all its own. At least there isn't a problem identifying the potential defendants, but I know that CA has some med mal "reform" laws requiring pre-suit arbitration and some other garbage; I have no idea of the particulars, or whether these rules even apply to dental cases.

It's not that med mal specialists are "only interested in huge damages." It's that you simply can't make money in this field by taking cases without at least 50 or 100 grand in hard economic damages.

I don't want to do all the above carping without something constructive to offer, so: get in touch with the local affiliate of the Trial Lawyers of America, either at the state or city level. Call up the attorneys who are leaders of those groups. Tell them you're not looking for a referral but just trying to help a friend and build your practice.

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Answered on 12/12/97, 2:32 pm
William G Osta Schenectady County Attorney

Dental Malpractice

Madam Counsel:I can empathize about the fact that local dentists represent an insulated cult. I have a similar fact pattern in NY. I do not know the statutory scheme in Ca. In my search for expert testimony I happened upon a search firm in Monterey, Ca. The owner tells me he is the only firm endorsed by the ADA. He further told me that he argued, at a recent ABA forum, that dentists are far worse than doctors in pointing the finger at a local. In any event, your obligation as counsel, at minimum, is to be weary about the SOL. Should you need the Monterey firm's number and/or email drop me a line. Incidentally, my case involves a TMJ splint that was administered improperly, and wasn't necessary to begin with. I found an expert in TMJ on the back of an ATLA magazine over 10 years old(go figure). He has proven to be very expensive. . . I am presently reading the NYS Bar News and there is an advertisement regarding dental experts, Health Care Auditors, Inc. (813)579-8054. Good luck and God's speed.

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Answered on 12/13/97, 11:04 pm


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