I was fitted for a mouth-guard to sleep in due to grinding my teeth. My chart at the DDS states I have prior jaw issues.The 3rd night of wearing the guard my jaw dislocated. I went back to my DDS who gave me pain meds & later sent me to a specialist. After a series of test (MRI, etc) it was confirmed my jaw was dislocated & I need extensive treatment, including a steel mouth plate that I wear 24/7 until my jaw is re-aligned (likely 1-2 years), and after the realignment, I will need surgery to repair one side. I should never have been given a plastic night-guard as my jaw couldn't support it. I've spent thousands of $$ out of my own pocket; missed work; lost weight; can only eat soft foods indefinitely; and been in constant excruciating pain for a month.
Do I have a case?
The specialist confirmed I should not have been given a night guard as my jaw could not support it. He also confirmed the damage was made worse by the guard being made too big.
You may have a case. It will depend on a number of factors. Has any doctor/dentist told you that you should not have had a mouth guard or that this one was improperly fitted? You will need to prove that in order to have a case. You will want a second opinion. How much of your problem is pre-existing? You should contact a qualified medical malpractice attorney in Virginia, as every case handles medical/dental malpractice cases differently. You should find out what statute of limitations apply and whether there are any other statutory requirements or limitations.
The information provided herein is not intended to be legal advice and no attorney-cloient relationship exists as a result. Before relying on any advice, please consult an attorney.
Insurance Law Lawyer
I agree with John. You may have a case, but you should consult a personal injury lawyer in your area. Must personal injury consults are free.
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I agree with the above answers, and you should search Avvo's "find a lawyer" for a malpractice lawyer in your state, and get a free consultation.
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