Dental Scams, and Retrieving Records and X-Rays
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.
Attorney answers (4)
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: 2 people marked this answer as good
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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.
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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.
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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