Medical Malpractice Dental malpractice? Is it worth pursuing?

[Bic Mitchum]

Jurisdiction

Nevada

Details


I had some procedures done last year fillings etc. nothing major. On one of my visits when the anesthesia was administered to my upper gums it felt like the needle went too far or hit the wrong spot because I noticed what felt like a strain under my tongue, one side has a different sensation and the place of insertion to this day causes me great discomfort it feels like my facial structure has been changed and there is a noticeable lump in my gums highly sensitive. My teeth in the area are very sensitive and get irritated to the point that my face/jawline are visibly swollen. On a subsequent visit I informed the dentist of my irritation and I was told that it was normal and would wear off over time. Well it has not. The pain has kept me up on some nights and when it flares up can be absolutely excruciating. Sometimes I get a weird taste in my mouth and the roof of my mouth also gets a weird almost numb feeling on one side. I don't know if I should be see by another dentist to have it diagnosed and corrected or just get xrays I'm not sure but I know something is not right.

 

[Tax Counsel]

I don't know if I should be see by another dentist to have it diagnosed and corrected or just get xrays I'm not sure but I know something is not right.

It's probably worth seeing another dentist. Your current one caused the problem and isn't likely to admit he screwed up (assuming he did). You can at least find out if another dentist can offer you treatment to fix it, which your current dentist apparently won't do because he doesn't see anything unusual. You might also want to see a lawyer who handles medical malpractice cases to see if you have something worth pursuing, especially if the problem can't be corrected. Most medical malpractice lawyers give free initial consultations. It appears that Nevada has a 3 year statute of limitation (SOL) on filing medical malpractice claims, and that 3 years starts the day the malpractice occurred. So it seems you have a little time to get started, but don't wait until the time is about to expire to get to an attorney to start the process. Once you find out if the problem can be corrected, see the attorney and find out if you've got a case that's worth enough to pursue a lawsuit.

 

[Zigner]

Details


I had some procedures done last year fillings etc. nothing major. On one of my visits when the anesthesia was administered to my upper gums it felt like the needle went too far or hit the wrong spot because I noticed what felt like a strain under my tongue, one side has a different sensation and the place of insertion to this day causes me great discomfort it feels like my facial structure has been changed and there is a noticeable lump in my gums highly sensitive. My teeth in the area are very sensitive and get irritated to the point that my face/jawline are visibly swollen. On a subsequent visit I informed the dentist of my irritation and I was told that it was normal and would wear off over time. Well it has not. The pain has kept me up on some nights and when it flares up can be absolutely excruciating. Sometimes I get a weird taste in my mouth and the roof of my mouth also gets a weird almost numb feeling on one side. I don't know if I should be see by another dentist to have it diagnosed and corrected or just get xrays I'm not sure but I know something is not right.

Have you spoken to the dentist recently to let him know that the problem hasn't worn off over time as he said it would?

 

[Bic Mitchum]

Have you spoken to the dentist recently to let him know that the problem hasn't worn off over time as he said it would?

The last time I was in his office I mentioned it to him and the assistant. I have not been back to the office this calendar year, especially not since the pandemic restrictions. Right now I'm seeking a new dentist.

 

[Zigner]

The last time I was in his office I mentioned it to him and the assistant. I have not been back to the office this calendar year, especially not since the pandemic restrictions. Right now I'm seeking a new dentist.

When were these procedures done?
When did you first mention it to him (the time that you were told that it would wear off)?
When did you mention to him that it had not worn off?
What was his plan of action when you mentioned that?

 

[Bic Mitchum]

When were these procedures done?
When did you first mention it to him (the time that you were told that it would wear off)?
When did you mention to him that it had not worn off?
What was his plan of action when you mentioned that?

July of 2019
Informed him in the same month of my pain.
Return visit in August where I said it has not worn off. There was no plan of action given. "Give it some time."

 

[PayrollHRGuy]

July of 2019
Informed him in the same month of my pain.
Return visit in August where I said it has not worn off. There was no plan of action given. "Give it some time."

So you have gone 7 months without telling the dentist there is a continued problem? That's not smart.

 

[Bic Mitchum]

So you have gone 7 months without telling the dentist there is a continued problem? That's not smart.

So what is your suggestion?

 

[PayrollHRGuy]

Call the doctor and tell him you still have a problem.

 

[Zigner]

So you have gone 7 months without telling the dentist there is a continued problem? That's not smart.

9 months...

 

[Bic Mitchum]

9 months...

I was skeptical about gon back to him period. I understand what you're trying to establish. He brushed off my first mention and disregarded the second. Not too sure how willing I should be to get ignored or receive substandard treatment for the third.

 

[Zigner]

I was skeptical about gon back to him period. I understand what you're trying to establish. He brushed off my first mention and disregarded the second. Not too sure how willing I should be to get ignored or receive substandard treatment for the third.

You see, it's entirely possible that the concern you have usually does go away over a period of time, perhaps more than the ~30 days you gave it. Since you haven't ever communicated with the dentist about it again, he's not even aware that the problem is ongoing. There's nothing you've posted here that indicates that the level of care is "substandard".

You are, of course, free to consult with a different dentist, but I think the more appropriate action (and an action that should have taken place over 6 months ago, well before the pandemic was a "thing") is for you to go back to the dentist and let him know there is still a problem.

 

[Peter Wetherall]

I was thinking the same thing! If you don't tell the dentist you're still having problems they cannot fix them.

Maybe you felt the dentist should have followed up or given a better solution. But it's best to keep communicating the problem until the dentist can find a solution or refers you somewhere else!