I (the dental patient) am writing to request a possible case regarding Dental office #1 :
-Neglect for an unsuccessful/failed root canal procedure that was done on 04/2015. With out giving me a referral form to see a specialist like she said. Leaving me suffering with this tooth for months.
-Instead, on 5/2015 she Over Charged the insurance (full procedure) for this unsuccessful/failed root canal procedure. That she failed at.
I didn't know she charged the insurance till almost a year after when dental office #2 charged the insurance for a successful procedure but was denied.
Now I'm stuck with this bill from dental office#2 that's going to collections really soon.
For the past 3+ months I have followed up with dental office #1 and my insurance and still no straight answer regarding a refund from them.
Please I would like to know do I have a case regarding this issue or what should I do?
There are a few attorneys I know to handle dental malpractice claims. It is difficult to say whether there would be anything worthwhile to pursue in these circumstances. While there would be an argument for damages such as pain and suffering, it sounds like the situation may have resolved fairly well with the second dentist. So, the question would be whether the likely damages are sufficient to warrant a complex lawsuit. Otherwise, this may be more a matter of resolving an insurance claims dispute. Perhaps a disciplinary complaint can be filed with the state.
The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.
No malpractice action to consider as the costs of same dwarf the reasonable prospect for recovery. You may want to report the dentist to the dental board or State licensing authority if you believe that there were fraudulent charges and copy same to your insurance company.
Get your records and take them to a malpractice lawyer. No way to know if anything was done incorrectly or not.
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I agree with Mr. Repay. The costs (NOT even including attorneys' fees) of malpractice cases frequently don't justify the suit. Bad results don't necessarily mean malpractice, either.
First of all, you need some proof that the first bad result was malpractice. That means an expert opinion, and you didn't say whether the 2d doctor thinks so and is willing to testify to malpractice.
Let's talk about costs. If the 2d dentist isn't willing to say that dentist #1 committed malpractice, then you will need another 3d dentist to review the case and to say that. Such costs are very high, and if the cost of the 3d dentist's review exceeds the 2d bill, then there is little point in proceeding to a suit (assuming the "successful" recovery). Then, once you get to a suit, the court-related costs are likely to be $20,000-$50,000 (and some malpractice cases are $100,000). So, you would need a lot of money just to break even; that's one reason why there are few dental malpractice cases.
The second reason why dental cases aren't often cost-effective is because good results are often achieved with a later doctor. That's apparently your situation, although you didn't give detail about what you meant by "successful."
No-one in a forum can begin to tell you whether your particular case has merit; you need an attorney to go over the details. Please consult with an attorney who can review the records and give you a better idea.
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