I'm being sued............
Author |
Message |
MZRD #1 / 34
|
 I'm being sued............
Remember my post about a month ago about the endo that I was doing that caused a hematoma ? I'm being sued for it. What do I do now ? Who else has been sued ? What did you do and how did it turn out ? I still stick to my guns in saying that I didn't do anything wrong, although I had instrumented the apex to size 50. Subsequent to the discussion on this newgroup, I have changed my technique, (thanks largely to Steve) and now do not go above a 25 at the apex, and have also changed my irrigation technique. The lady had to go into the hospital 2 days ago to have an I&D. It was an outpatient procedure. I called her a few minutes ago to see how she is doing, and she was very short with me. The call lasted less than a minute. Obviously, I feel terrible about what happened to her, but I still believe that this was a "fluke", and it happened through no fault of my own. I'm sure that some on this newsgroup will dress me down for this, but I didn't do anything different on this endo than I had done on the hundreds (if not thousands) of endos that I have done in the past. Any consolation or advice from any other dentists will be greatly appreciated. I'm relatively distraught over this, even considering getting out of dentistry altogether. I know that is my emotions talking, but is it really worth it to continue ? Thanks in advance, Dr. Mike Dr. Mike
|
Thu, 09 Oct 2003 03:26:53 GMT |
|
 |
Vaughn Simo #2 / 34
|
 I'm being sued............
Dr. Mike: I am neither a Dr. or a lawyer, but if you have malpractice insurance it is the insurance company's job to defend you and they should be involved ASAP to protect their interests. If you are not insured, then you are not a very attractive target. The simple fact is that the lady's lawyer will not spend thousands to get peanuts out of you. In that case, get your own attorney and concentrate on cutting a deal that would be cheaper than mounting a defense. Find a lawyer with kids, perhaps you can take it out in trade. Good Luck and Keep the Faith: Vaughn
Quote: > Remember my post about a month ago about the endo that I was doing that caused > a hematoma ? > I'm being sued for it. > What do I do now ? Who else has been sued ? What did you do and how did it > turn out ? > I still stick to my guns in saying that I didn't do anything wrong, although I > had instrumented the apex to size 50. Subsequent to the discussion on this > newgroup, I have changed my technique, (thanks largely to Steve) and now do not > go above a 25 at the apex, and have also changed my irrigation technique. > The lady had to go into the hospital 2 days ago to have an I&D. It was an > outpatient procedure. I called her a few minutes ago to see how she is doing, > and she was very short with me. The call lasted less than a minute. > Obviously, I feel terrible about what happened to her, but I still believe that > this was a "fluke", and it happened through no fault of my own. I'm sure that > some on this newsgroup will dress me down for this, but I didn't do anything > different on this endo than I had done on the hundreds (if not thousands) of > endos that I have done in the past. > Any consolation or advice from any other dentists will be greatly appreciated. > I'm relatively distraught over this, even considering getting out of dentistry > altogether. I know that is my emotions talking, but is it really worth it to > continue ? > Thanks in advance, > Dr. Mike > Dr. Mike
|
Thu, 09 Oct 2003 03:50:05 GMT |
|
 |
Steven Bornfel #3 / 34
|
 I'm being sued............
Mike-- Please, I know it's not easy, but try not to worry. Had you been in touch with the lady since last month? Did you see this coming? Do you know who did the I&D? Can you speak to him/her? Contact your malpractice carrier immediately. They will advise you. DO NOT CONTACT THE PATIENT AGAIN, ESP. UNTIL YOU SPEAK TO YOUR INSURANCE COMPANY! You made a mistake, but one that any one of us could have. It is unlikely a lawyer will pursue the case unless she suffers permanent damage. I have been sued once, and threatened once. The first was 24 years ago, when I was a resident. A patient (an {*filter*}) swallowed my TMS wrench. He claimed to have abdominal pains and was admitted to the hospital. He passed it uneventfully in 5 days. I mention he was an {*filter*} because if he weren't on methadone he probably would have passed it in 2 days. He sued me and the hospital. Since I was a resident, I couldn't choose to contest. They settled for maybe $2K. A few years later I got a letter from a lawyer requesting x-rays on a patient I had made FU/FL dentures for. I had no reason to believe anything was wrong, and after sending the x-rays I never heard from them again. Were you served, or did you just get a letter requesting x-rays? If the latter, the lawyer only wants to evaluate the case--a "fishing expedition" that may not turn into anything. Whatever happens, it will be OK. Find a punching bag and work it out. Steve Quote:
> Remember my post about a month ago about the endo that I was doing that caused > a hematoma ? > I'm being sued for it. > What do I do now ? Who else has been sued ? What did you do and how did it > turn out ? > I still stick to my guns in saying that I didn't do anything wrong, although I > had instrumented the apex to size 50. Subsequent to the discussion on this > newgroup, I have changed my technique, (thanks largely to Steve) and now do not > go above a 25 at the apex, and have also changed my irrigation technique. > The lady had to go into the hospital 2 days ago to have an I&D. It was an > outpatient procedure. I called her a few minutes ago to see how she is doing, > and she was very short with me. The call lasted less than a minute. > Obviously, I feel terrible about what happened to her, but I still believe that > this was a "fluke", and it happened through no fault of my own. I'm sure that > some on this newsgroup will dress me down for this, but I didn't do anything > different on this endo than I had done on the hundreds (if not thousands) of > endos that I have done in the past. > Any consolation or advice from any other dentists will be greatly appreciated. > I'm relatively distraught over this, even considering getting out of dentistry > altogether. I know that is my emotions talking, but is it really worth it to > continue ? > Thanks in advance, > Dr. Mike > Dr. Mike
|
Thu, 09 Oct 2003 04:49:39 GMT |
|
 |
MZRD #4 / 34
|
 I'm being sued............
Thanks for the encouragement, Vaughn ! Yes, I am adequately insured, and have thought about the fact that my carrier should mount my defense for me, but I'm still devastated. Thanks for the kind words !! Quote: >Dr. Mike: > I am neither a Dr. or a lawyer, but if you have malpractice insurance >it is the insurance company's job to defend you and they should be involved >ASAP to protect their interests. If you are not insured, then you are not a >very attractive target. The simple fact is that the lady's lawyer will not >spend thousands to get peanuts out of you. In that case, get your own >attorney and concentrate on cutting a deal that would be cheaper than >mounting a defense. Find a lawyer with kids, perhaps you can take it out in >trade. >Good Luck and Keep the Faith: >Vaughn
Dr. Mike
|
Thu, 09 Oct 2003 05:08:13 GMT |
|
 |
MZRD #5 / 34
|
 I'm being sued............
Hi, Steve ! Thanks for your take on the situation. My thoughts are below: Quote: >Mike-- > Please, I know it's not easy, but try not to worry.
MUCH easier said than done ! I know that worrying about it won't help matters, but it is very difficult not to worry about this. Quote: > Had you been in touch with the lady since last month? Did you see this >coming?
I have been in touch with her at least once a week since the incident occurred, and she has been getting more and more rude when I call to check in with her. No, I didn't see it coming, and I haven't been served or received a letter.........I found out about it through the grapevine. I also acknowledge that the grapevine may or may not be reliable, so (hopefully) I am worrying for nothing. Quote: > Do you know who did the I&D? Can you speak to him/her?
I assume it was done at the local hospital. I don't know who would have done it, but I'm sure I could find out with a little digging. I phoned her physician a couple of times just after the event, and he has yet to return my calls. Quote: > Contact your malpractice carrier immediately. They will advise you. DO >NOT >CONTACT THE PATIENT AGAIN, ESP. UNTIL YOU SPEAK TO YOUR INSURANCE COMPANY!
I will be contacting my attorney and my malpractice carrier on Monday, and will do as I am advised to do. You know, it may seem foolish at this time, but I'm worried about my premium going up, and I'm worried about my reputation within the community. Perhaps it isn't such a foolish thing to fear after all. Quote: > You made a mistake, but one that any one of us could have. It is >unlikely a >lawyer will pursue the case unless she suffers permanent damage.
That would be ideal. I feel sorry for her, and I feel sorry that this happened to her, but as you well know, dentistry is an imperfect science, and sometimes things like this happen. Quote: > Were you served, or did you just get a letter requesting x-rays? If the >latter, the lawyer only wants to evaluate the case--a "fishing expedition" >that may >not turn into anything.
As I said above, "I heard it throught the grapevine". What would I typically receive first, a letter requesting information, or would I just be served with papers ? Quote: > Whatever happens, it will be OK. Find a punching bag and work it out. >Steve
I'm seriously thinking about a career change here. I don't know if it is worth it. You go to school for so long, work so hard for so long, work so long to pay your debt, and then you get sued, even when you didn't do anything malicious. I just don't know if it is worth it to continue to practice dentistry. Thanks for your thoughts and your input. I will try to keep what you have said in mind, and will try not to worry. Thanks again, Mike
|
Thu, 09 Oct 2003 05:20:32 GMT |
|
 |
Steven Bornfel #6 / 34
|
 I'm being sued............
Mike-- Believe me, I am a worrier par excellence. I worried myself sick, until one day I couldn't worry any more. The end was such an anticlimax, I wondered what the big deal was all about. When I was sued, my first contact was being served, in the hospital. The second time I got a letter in the mail requesting x-rays. If there's a release from the patient, you must comply. It came to nothing, and I never heard from the lawyer (or patient) again. After that, my heart started beating faster every time I got a letter from a lawyer's office. But it was usually involving a no-fault insurance case, or once when an {*filter*}surgeon I knew was being sued. You develop a pretty tough skin after a while. But you'd realize that just from reading the {*filter*}in this newsgroup. If necessary, see a shrink and get some benzodiazepenes. Believe me, it's not worth losing sleep over (though that thought probably won't save you from losing sleep). Good luck, Steve Quote:
> Hi, Steve ! Thanks for your take on the situation. My thoughts are below: > >Mike-- > > Please, I know it's not easy, but try not to worry. > MUCH easier said than done ! I know that worrying about it won't help matters, > but it is very difficult not to worry about this. > > Had you been in touch with the lady since last month? Did you see this > >coming? > I have been in touch with her at least once a week since the incident occurred, > and she has been getting more and more rude when I call to check in with her. > No, I didn't see it coming, and I haven't been served or received a > letter.........I found out about it through the grapevine. I also acknowledge > that the grapevine may or may not be reliable, so (hopefully) I am worrying for > nothing. > > Do you know who did the I&D? Can you speak to him/her? > I assume it was done at the local hospital. I don't know who would have done > it, but I'm sure I could find out with a little digging. I phoned her physician > a couple of times just after the event, and he has yet to return my calls. > > Contact your malpractice carrier immediately. They will advise you. DO > >NOT > >CONTACT THE PATIENT AGAIN, ESP. UNTIL YOU SPEAK TO YOUR INSURANCE COMPANY! > I will be contacting my attorney and my malpractice carrier on Monday, and will > do as I am advised to do. You know, it may seem foolish at this time, but I'm > worried about my premium going up, and I'm worried about my reputation within > the community. Perhaps it isn't such a foolish thing to fear after all. > > You made a mistake, but one that any one of us could have. It is > >unlikely a > >lawyer will pursue the case unless she suffers permanent damage. > That would be ideal. I feel sorry for her, and I feel sorry that this happened > to her, but as you well know, dentistry is an imperfect science, and sometimes > things like this happen. > > Were you served, or did you just get a letter requesting x-rays? If the > >latter, the lawyer only wants to evaluate the case--a "fishing expedition" > >that may > >not turn into anything. > As I said above, "I heard it throught the grapevine". What would I typically > receive first, a letter requesting information, or would I just be served with > papers ? > > Whatever happens, it will be OK. Find a punching bag and work it out. > >Steve > I'm seriously thinking about a career change here. I don't know if it is worth > it. You go to school for so long, work so hard for so long, work so long to > pay your debt, and then you get sued, even when you didn't do anything > malicious. I just don't know if it is worth it to continue to practice > dentistry. > Thanks for your thoughts and your input. I will try to keep what you have said > in mind, and will try not to worry. > Thanks again, > Mike
|
Thu, 09 Oct 2003 06:23:57 GMT |
|
 |
Whisa #7 / 34
|
 I'm being sued............
Mike, If you are not an endodontist, contact one of them in your area and go over the case with him/her. It would help if the endo person were a faculty member at a school. My endodontist is a faculty member and has a private practice. He has told me that enod and {*filter*}surgeons are the most sued specialties in our profession. I refuse to do endo anymore. What's what the specialists are for. GPF, DDS
|
Thu, 09 Oct 2003 09:38:47 GMT |
|
 |
Parentofte #8 / 34
|
 I'm being sued............
Quote: > I mention he was an {*filter*} because if he weren't on methadone he probably >would have passed it in 2 days.
What a way to find out someone is on {*filter*}. So all patients who poop out your wrenches in less than two days are non {*filter*}s?
|
Thu, 09 Oct 2003 10:45:01 GMT |
|
 |
Parentofte #9 / 34
|
 I'm being sued............
Quote: > You develop a pretty tough skin after a while. But you'd realize that just >from reading the {*filter*}in this newsgroup.
The only {*filter*}on this newsgroup is what you are typing, Steve. And that stuff around those wrenches that your patients are pooping out.
|
Thu, 09 Oct 2003 10:51:42 GMT |
|
 |
MZRD #10 / 34
|
 I'm being sued............
Thanks again, Steve ! Quote: >Mike-- > Believe me, I am a worrier par excellence. I worried myself sick, until >one >day I couldn't worry any more. The end was such an anticlimax, I wondered >what the >big deal was all about. > When I was sued, my first contact was being served, in the hospital. The >second time I got a letter in the mail requesting x-rays. If there's a >release >from the patient, you must comply. It came to nothing, and I never heard >from the >lawyer (or patient) again. > After that, my heart started beating faster every time I got a letter >from a >lawyer's office. But it was usually involving a no-fault insurance case, or >once >when an {*filter*}surgeon I knew was being sued. > You develop a pretty tough skin after a while. But you'd realize that >just >from reading the {*filter*}in this newsgroup. > If necessary, see a shrink and get some benzodiazepenes. Believe me, >it's not >worth losing sleep over (though that thought probably won't save you from >losing >sleep). >Good luck, >Steve
Dr. Mike
|
Thu, 09 Oct 2003 11:06:03 GMT |
|
 |
MZRD #11 / 34
|
 I'm being sued............
Thanks for the advice. My endodontist friend just happens to be on the faculty of a nearby dental school. I will be contacting him, also, and will go over the facts of the case with him. Thanks for the idea ! Quote: >Mike, If you are not an endodontist, contact one of them in your area and go >over the case with him/her. It would help if the endo person were a faculty >member at a school. >My endodontist is a faculty member and has a private practice. He has told >me >that enod and {*filter*}surgeons are the most sued specialties in our profession. >I refuse to do endo anymore. What's what the specialists are for. >GPF, DDS
Dr. Mike
|
Thu, 09 Oct 2003 11:08:58 GMT |
|
 |
TOOTHDR5 #12 / 34
|
 I'm being sued............
Mike, I would also suggest that you be very careful of what you say in this forum. You never know what may come back to haunt you later. Jim
|
Thu, 09 Oct 2003 13:04:24 GMT |
|
 |
Parentofte #13 / 34
|
 I'm being sued............
Quote: >Mike, I would also suggest that you be very careful of what you say in this >forum. You never know what may come back to haunt you later.< >Jim
Yes, Mike you are breaking a few rules in dentistry. You made a mistake and you feel bad for the patient. And you may be offending some of your peers with your honesty here.
|
Thu, 09 Oct 2003 13:47:30 GMT |
|
 |
MZRD #14 / 34
|
 I'm being sued............
What rules am I breaking ? I ultimately want what is best for my patient, and if I get sued over it, so be it. As long as I am above ground, I am OK. Quote: >Yes, Mike you are breaking a few rules in dentistry. You made a mistake and >you >feel bad for the patient. And you may be offending some of your peers with >your >honesty here.
|
Thu, 09 Oct 2003 14:50:32 GMT |
|
 |
MZRD #15 / 34
|
 I'm being sued............
Thanks, Jim. You are not the first person to respond this way. I seem to forget that this is a public forum, and whatever I type can be read by anyone, including "the other side." Your point is duly noted. As such, I will no longer be discussing the particulars of this case. All I really wanted in the first place was to know what to do now, and where do I go from here, and the particulars of the case don't really matter that much for this type of information. Thanks again, Mike Quote: >Mike, I would also suggest that you be very careful of what you say in this >forum. You never know what may come back to haunt you later. >Jim
|
Thu, 09 Oct 2003 14:52:39 GMT |
|
|
Page 1 of 3
|
[ 34 post ] |
|
Go to page:
[1]
[2] [3] |
|