A few months ago I went to the dentist's to get a cavity filled and I was given too much numbing gel and it numbed my tongue and throat. I have very bad anxiety and because of the gel, my throat began feeling numb and the dentist was very rude about it. She insisted on continuing even though I said I couldn't breathe and the anxiety and her rudeness made it so much worse. My mother was in the room(because I'm a minor) and she was given false information on why I was complaining and crying. Now I have even more anxiety about the dentist and my teeth constantly hurt. The second time I had a procedure done because I had, the dentist was kind but now I have uneven fillings, my jaw is lopsided and I have constant pain.
You should consult with a local lawyer. However, if this claim were brought to me here, in OR, where the laws may be different than in CA, I would tell you that you have good cause to bring a complaint against the dentist to the CA Dental Board but that you do not have a cost effective claim of malpractice/negligence against the dentist. For you to sue and win, you would have to get other dentists to review your file and come to court and testify that the first dentist fell below the community standard of care, was negligent and caused you injury. You could easily spend $50,000 in up front costs to bring that claim to trial. That money is not recoverable. Based on what you have said here, I presume a new dentist can fix your uneven fillings and lopsided jaw and hopefully resolve your pain. IF that is true, you would likely spend more money bringing the suit than a jury would give you for your claim. I encourage you to get your situation fixed and then make a determination as to whether you have a permanent condition caused by the first dentist's acts making your claim cost effective to bring. A local lawyer would be the appropriate next step. You can find one on the Avvo "find a lawyer" tool or google for same. I'm sorry this happened to you and I hope it can be fixed asap. Good luck
You should go to another dentist, and ask the dentist to use articulating paper to even out your fillings. The cost of a lawsuit likely would far exceed a recovery, but certainly speak to a local dentist malpractice lawyer nonetheless. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
More information is needed. You need to hire a local attorney ASAP. Time is of the essence.
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A rude bedside manner usually does not justify a twenty- thousand dollar costing med mal trial. If there was something done badly in the procedures, of course that may be malpractice and it will take a professional review to find that out.
As far as the causation of the anxiety, it sounds like some of the problems were there before this incident, thus a defense counsel will probably use that information to mitigate the defendant's liability and your alleged damages.
You should go to another dentist for an evaluation of your continued pain. If more dental work is needed due to improper treatment by your current dentist, then you should consult an attorney. Otherwise, I agree that the cost of litigation will likely exceed your recovery amount. At that point your best resource would be the California State Board of Dentistry. You should file a complaint with them and possible the BBB.
A doctor's rudeness or the anxiety caused by a doctor's treatment of you are not good bases for a medical malpractice or negligence claim. Dental malpractice cases are rare because often the damages (injury) suffered are not permanent and thus the value of the case would not justify the time and expense of bring such a lawsuit. I would suggest finding a more caring dentist.
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Bad bedside manner is not the basis of a lawsuit. If the care given is not "within the standard of care" then you may have a case. You should consult with a lawyer who specializes in dental malpractice issues. good luck
Poor bedside manner alone is not grounds for medical malpractice action. If you have pain in your jaw, you should get it checked out by a dentist, and see if maybe your filling can be filed down so that your bite is fixed.
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