Newsgroups: sci.med.dentistry

Subject: Liability? Malpractice?
Date: Tue, 24 Apr 2001 10:22:03 -0400
Organization: Prodigy http://www.***.com/

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Tami wrote ...

I went to a dentist DDS employed by a major Dental
Corporation.

*********************COMMENTS********************

... dentist DDS employed .....

Your own words! Your beef is with the party who entered
into the contact with you, the Corporation.  The
dentist is the employee of the corporation.

Some practical advise for others .....

Forget the huge contract "to fix 12 years worth of
neglect in several visits" approach. Get three or four
fillings done FIRST and then re-evaluate whether this
is the right dentist for you .....  Either he is or he
is not.  I cannot understand why people go into dental
repair la-la land the other way. It only leads to
trouble.

**

I was in need of dental work and also wanted amalgam
fillings changed to composite (white), for cosmetic
reasons. I paid by credit card, over $5000 in advance,
for all work. On my first visit -consultation, I was
told we will do all the work, and when we are done, we
will go back and do any "fine tuning".

*********************COMMENTS********************

Hello Tami,

Who is the "we" in the last paragraph?  You mean the
dentist will do all of the work ....

Ever been in a hospital? The nurse comes in and asks
you, "Well now how are WE doing today?" The answer:
"You are doing fine but I am not."

First off, you need to be concerned more about contract
law or "tort law" rather than liability or malpractice.
Your "contract" was with the major Dental Corporation,
not with the dentist/employee. The dentist was either
an employee or an employee masquerading as an
Independent Contractor for the corporation.  Either
way, its still an employer/employee relationship.

Here is a similar situation. Let's say some Jiffy-Lube
employee stripped the threads on my oil pan drain plug.
Do I run to the employee's house late at night to get
him to fix it?  Of course not!  Either I call Jiffy-
Lube ...  or my lawyer calls Jiffy-Lube. I do not care
which one it is.  I do not even care who the employee
is. I do not care if he has house insurance either.

**

Work was performed between Nov.  2000 and Jan.  2001.
I had a simple $50 root removal, which left a gaping

to the top of the inner lip/gum.

*********************COMMENTS********************

Happens. This was your root and your jaw. How your jaw
responded to "tooth removal" is not 'on the dentist' at
all. If you yank something out of there, there will
always be some shrinkage.

**

The dentists report stated "0 complications". When I
asked about this, I was told that the bridge would fill
in the gap.

*********************COMMENTS********************

 ... meaning the pontic or false tooth is fitted
against the gum to simulate a real tooth.  Every root
removal leaves an indentation. This happens either WITH
or WITHOUT the major surgery that you will be
describing below.

  **

It didn't. The adjacent roots are now exposed, I have a
recurring abscess, and #3 will require a root canal.

*********************COMMENTS********************

Normally, the crowns used for the abutment teeth cover
any exposed tooth surface ... and yes, on occasion, a
tooth does require root c{*filter*}therapy after crown work.

 **

I had to return on several occasions to have
corrections made to several procedures that were
performed, including having 4 of my front teeth
separated that the dentist accidentally bonded
together.

*********************COMMENTS********************

Happens ....  Is this the 'fine tuning?' I am
unfamiliar with that term except for ham radio work.  I
know about fine tuning when the oscillator will not
oscillate.  For teeth, I rarely fine-tune, unless my
amalgam filling is tuned to a bad radio station. An
example might be, say its tuned to a country-and-
western station and the dude who owns the tooth is a
college professor.

**

On my last visit to the dentist, to have a crown and
bridge permanently seated, I requested another
appointment for "fine tuning", as stated at my
consultation. I was informed that I would have to
schedule with another office, as this was the dentist's
last day. I had so many complaints, I was referred to
the Senior Dentist DDS in my region. He was so
disgusted, he said that he didn't think that even he
could fix the "mess" that was made of my mouth.

*********************COMMENTS********************

Translation: Well, he could not fix it without more
money!  Every dentist knows how to fix every problem,
but alas, we know the Piper must be paid.  The Senior
Dentist DDS might also be the Senior Piper Ratcatcher
too.

**

He requested that all my money be refunded. The Corp.
told me that I would have to deal with the dentist and
his insurance.

*********************COMMENTS********************

See? See what I said about the Piper?

You need to send them a polite letter, return receipt
requested, requesting that they follow through and
repair all circumstances and all teeth covered under
the "contract." The dentist's insurance is not really
your concern at all.  In this case, "Nationwide is NOT
on your side" either.

**

After much debate, the Corp. agreed to do the work.
After much more effort to get the work started, the
Corp again said that I would have to deal with the
dentist and his insurance.

In the meantime, I went for a 3rd Dentist opinion (who
refused to touch any previous work, as he would then
become liable), and a periodontal opinion.

*********************COMMENTS********************

A wise choice ...

  **

Both costs of visits were reimbursed by the dentist. I
will now require 2 crowns where fillings were replaced,
2 possible root canals, a ridge augmentation or bone
graft, and repair to all work performed.

*********************COMMENTS********************

Better stay away from this stuff for a while. This
treatment will be "on you." It has nothing to do with
the previous problem.  What if the new dentist tells
you that you need twelve more crowns instead? He could
tell you that. What does that have to do with the last
dentist?

I suggest you conclude the old problems before
beginning more work that will only confuse the entire
issue.

  **

The dentist has offered to redo all work at his expense
plus pay for required surgery.

*********************COMMENTS********************

What dentist? What surgery? Now I am getting confused.

He also offered me a tank of gas,

*********************COMMENTS********************

Nitrous oxide? Never mind ... I misread this. Take the
gas.  Gas is getting expensive.  Unleaded regular is up
to around $1.59 around here ...

Just make sure they do not deliver it by Airborne
Express.

**

as I would have to come to his location. I already told
him that I couldn't let him back in my mouth, as it was
my entire mouth, not just 1 or 2 teeth.

*********************COMMENTS********************

You gotta clean up that phrase. Somehow it doesn't
sound right ....   It sounds like something that
belongs on television or on cable ....

Besides, you'll need to focus on the Corporation rather
than on the dentist.  Please recall that you went to
their office, not to the individual dentist in
question.  Remember Jiffy-Lube?

  **

The Corp. refused to refund my money, then sent me an
offer to refund me 1/2 of the money paid to them, after
signing a liability release "only as a courtesy." They
said it didn't matter who I paid my money to, they
weren't responsible.

*********************COMMENTS********************

Was it in writing? If it was, good. That implies some
culpability. Couldn't they give you all of your money
back, only as a courtesy ..... ?  Letter, return
receipt requested .....

$4140 of this is warranty (5yr.)  work. I have
requested insurance

*********************COMMENTS********************

What warranty? Is this like purchasing a Best Buy
warranty for a VCR?  I heard those warranties were rip-
offs anyway.  You have dental insurance?  I missed that
part too.  I thought you paid with your VISA card.

**

of any and all parties that might be responsible for my
losses, and was refused this info. I am disputing this
charge with my credit card co.

*********************COMMENTS********************

What did they say?  I mean VISA.

I have done everything possible, short of litigation
and reporting to the Board of Dentistry, to resolve
this situation. This has been an ongoing situation
since Jan. 2001.  DOES ANYBODY HAVE ANY SUGGESTIONS?

*********************COMMENTS********************

Yep. Begin at the beginning ..... Get the Caps Lock key
fixed first.

**

  Dental concerns regarding work performed by dentist
(DDS) during period of 10/19/00 through 1/11/01.

Tooth / CONCERN

3 4 5 Captek Bridge doesn't fit properly. No cusps and
feels shriveled on biting surfaces. Biting surfaces
don't meet correctly.

*********************COMMENTS********************

Is it shriveled only after coming out of the ocean? Or
is it shriveled all of the time?  This reminds me of an
old Seinfeld episode .....

This shriveling needs to be independently verified and
testified to by an independent dentist. Perhaps you
will need an expert hired by your own attorney. Your
opinion, or the opinion of the neighborhood dentist
about shriveling and contacting just will not do.

**

Gap at gumline (4). Painful or extremely sensitive at
times when eating, and now sometimes when not eating.
Rough spots due to grinding (adjusting) by Dr.

This after requesting (to assistant) that no grinding
be done to this bridge.

*********************COMMENTS********************

Sorry, but sometimes it is required. Otherwise you
would not be able to close your teeth together for ten
or twenty years at a time.

**

(Due ...

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