Dental Scams, and Retrieving Records and X-Rays
Pasadena, CA
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Posted about 1 year ago in Health Care
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Today I had an emergency trip to the dentist, sort of. I have had such extreme pain with a tooth that even with pain killers (over the counter but recommended for tooth pain) I could not sleep or even think well enough to do math calculations. I called as soon as this dentist's office was open (they opened the earliest) and they said they could not fit me in until the afternoon... so I made the appointment.
The appointment went okay, but the doctor did NOT seem to do a very thorough exam... and I don't think he understood the kind of pain I was in, because he didn't ask. He didn't take a very close look at the tooth, he just took a picture of it and told me it needed to be removed (I knew this from the pain alone - the root is wide open, it's excruciating). They also named a lot of other procedures that I should do, of course, after I get the tooth removed. They (again with taking thei sweet time) set me up with an appointment in two days. I tried to stay alert and avoided them charging me in advance for all the other work (apart from the tooth extraction and anesthesia) but I was in a hurry to get out of there because the pain killers were wearing off and I had not brought them with me to the dentist (assuming it would have been taken care of!). Now I have gone online and read about this office... and it seems they are quite well known for being scam artists using "used car salesman" tactics (quote from several different people on review sites) to pressure people into agreeing to high-cost treatments. Unfortunately I already signed the agreement and paid in advance (another practice that I didn't realize was suspicious) for the tooth extraction, and on my appointment card it says they will charge a (large) fee if I do not cancel with 48 hours prior notice (which is impossible since I made the appointment for less than 48 hours from when I was in there). My question is this: I believe that, because my pain and tooth problem was not properly assessed, I may eventually suffer permanent damage to the nerves in my jaw. Since leaving the dental office, the pain got worse for a bit and then got so bad that the entire area is beginning to feel plain numb. I've read that this numbness is possibly permanent. I did sign a waiver about the risk of dental procedures, but I have not had any! Is there anything I can do if it is true that this doctor ignored my pain in favor of waiting a few days so that they could pay an anesthesiologist instead of just doing it the "old" way and just pulling the tooth? I asked if it could be done this way and he told me they would not do it that day either way, and that he recommended the intravenous anesthesia. My second question is: What legal rights do I have to my records? They did a full exam with lots of x-rays (another cost-bumping people say, they took about 3x as many x-rays as normal dentists). How can I get these records? (100$ in x-rays, I want to be able to take every one of those to a real dentist!) --Still in Pain - Is this your question? Add additional information Answers (4)Michael Emory Clark
This attorney is licensed in Texas.
Posted about 1 year ago.
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It appears that California, like other states, has laws granting patients access to their medical records with some conditions. See http://www.calpatientguide.org/iii.html (discussing Cal. Health and Safety Code § 123100 and other provisions and summarizing patients' rights). You should discuss the particulars of your situation with an attorney who practices in California and has been involved in similar matters to determine what, if any, actions may be available to you. The fact that you were in extreme pain under these circumstances may be important because it may be coercive to making a truly informed consent of the risks involved. I'm not really clear about the point you are making about the dentist making you wait a few days so that you would also pay an anesthesiologist instead of pulling the tooth. In any medical procedure there can be risks associated, so for the conduct to be actionable it would have to deviate from the standard of care expected of licensed dentists in the community. To the extent that you are experiencing additional problems, a lawyer will want to know whether you have consulted with a different dentist about the issue and what he or she has said.
This answer does not, nor is it intended to, create an attorney-client relationship, but is offered solely for informational purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided. Scott Kenneth Petersen
This attorney is licensed in California and 2 other states.
Posted about 1 year ago.
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You need to consult with a qualified personal injury attorney immediately to properly assess your claims. Ask prospective attorneys if they have experience with dental cases. Your attorney will know how to get compies of your dental records and will be able to provide names of qualified dentists who may act as expert witnesses.
Also, you can file a complaint with the California Dentistry Board regarding the treatment you received at the following link: Norman Gregory Fernandez
This attorney is licensed in California.
Posted about 1 year ago.
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You do have a right to get copies of your medical records. With respect to potential medical malpractice you may contact my firm at 800-816-1529 ext 1 for a free consultation.
Harry J. Nelson
This attorney is licensed in California and 2 other states.
Posted about 1 year ago.
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As to your second question, you have a legal right to your records under California's Patient Access to Heatl Records Act, known as "PAHRA" (Cal. Health & Saf. Code § 123100, et seq.). PAHRA is California's principal law governing the access to your own records. You need to make a written request and can be billed of reasonable clerical costs for copying (up to .25 per page or .50 for microfilm, plus clerical costs). Records must be provided within 15 days and can be inspected even sooner.
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