Surgical error/negligence?

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cuttooth
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Joined: Thu Oct 31, 2019 11:16 pm

Surgical error/negligence?

#1 Post by cuttooth »

Before seeing a med mal lawyer, I'm wondering if I have a case? Had open jaw surgery last year and a tooth was cut in the process. Recently saw an endodontist and now I need an extraction, bone graft, and implant. OS claims that I signed the consent form of risks and will unlikely be covered (Kaiser).

I understand that I signed a consent form about surgery risks. But I felt that the surgeon should have been practice more preventive care earlier and I could have gotten a crown instead. Would the situation be considered part of the risk or med malpractice?

Pequod
Posts: 31
Joined: Fri Jan 26, 2018 4:07 pm

Re: Surgical error/negligence?

#2 Post by Pequod »

Go talk to a lawyer. A tooth being cut sounds like poor planning but I have no idea if it constitutes malpractice.

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Speck
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Re: Surgical error/negligence?

#3 Post by Speck »

Howdy. Might it be a good idea to check the medical malpractice statute of limitations that applies to the state in which you live?
-Andy


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snapdresser
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Joined: Wed Feb 18, 2015 7:31 am

Re: Surgical error/negligence?

#4 Post by snapdresser »

I would definitely talk to a lawyer about this. That said, the case might not necessarily be a slam dunk, so there’s a chance you’re left on the hook for legal fees. Nonetheless, I think it’s worth consulting a lawyer about and seeing what they think your odds of winning are. Good luck!!!
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