Legal Question in Medical Malpractice in Illinois

I went to a new dentist due to emergency toothpain. They were very abrupt, and were really unkind. The Dentist was told which teeth were hurting, but when I was numb, and she was extracting the teeth, I didn't realize she took the wrong teeth out. I now still have the same infected teeth, (painful), and a huge gap where she extracted the wrong teeth. I had insurance, but my out of pocket was still $500. They are also billing my insurance company. My insurance company does not want to pay them. I can't get the painful teeth removed now, because my insurance is capped and I have no more money. Should I sue them at least for the back teeth they pulled that I wasn't even worried about for the moment? For the ongoing pain and incredible stress this has caused me. Plus the time off work? Thank you

Asked on 4/20/17, 2:13 pm

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

It certainly sounds like you have a malpractice claim and I feel for your situation. The difficulty is that often dental claims do not have the value to support an attorney taking the case. Most medical malpractice attorneys will not have an interest in dental malpractice claims and those who do will likely be looking for cases more extreme than yours. I have been able to refer one dental malpractice case in the Chicagoland area and I know there are attorneys who would at least review your case, but you may have to spend some time on finding those who would and accept that their taking the case will not be a given.

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Answered on 4/20/17, 2:37 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

At first look, it appears that you may have a valid claim. However, all possibilities need to be considered.

Records would need to be obtained as it is possible that although the dentist did not take out the teeth that were hurting, perhaps the teeth that did come out needed to be pulled even though they were not hurting. Additionally, any consents that you signed need to be reviewed to determine what was authorized, if anything, in writing. Once those are reviewed, an attorney would be in a position to advise concerning the practicality of filing a malpractice claim.

Also, why doesn't your insurance company want to pay them? How is it that your insurance is capped, if they are not paying this claim?

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Answered on 4/21/17, 7:31 am

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