Do I have a viable malpractice case if my DDS caused my jaw dislocation?

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?

Fairfax, VA -

Attorney Answers (3)

John Elliott Leighton

John Elliott Leighton

Medical Malpractice Attorney - Miami, FL
Answered

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.

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Kent Neil Doll Jr.

Kent Neil Doll Jr.

Personal Injury Lawyer - Spokane, WA
Answered

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.

The material provided on this site is not intended to be, nor is it considered to be, legal advice. Use of this... more
Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

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.

Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.... more

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