My family has been pushing me to take legal action against my dentist for missing my cancer.

They think that because he missed identifying the massive lesion in the back of my mouth during my initial evaluation and again when he took out 3 of my wisdom teeth that there is liability there. I went in 2 times to see this dentist, the first for an evaluation before getting my wisdom teeth taken out and again when he extracted them. The wisdom teeth were what I believed was causing the pain and bleeding in the back of my mouth and after they were extracted I just thought that the continued pain and bleeding was the result of the extraction. The 3rd visit to the dentist he finally sent me to the oral surgeon who identified the cancer (6 months after my 1st evaluation).

I hate law suits, and I don't want to sue my dentist, I'm not sure he's negligent even though every medical professional that saw my mouth afterwards couldn't believe he didn't see it the first time. He called me right after my diagnosis and apologized and was genuinly distressed.

anyway I was just wondering if anyone else has any experience here or would just like to hear thoughts on it. Thanks in advance for your input, good or bad.

I have been deposed in numerous lawsuits against and defending dentists by various legal entities. If you have questions give me a call. Once you start it, remember it develops a life of its own. Also remember that 20/20 hindsight for not living up to a standard of care, and remorse about your behavior, while admirable, does not bring people back from the dead.... something that has happened in several of the cases I have testified in.

Eric, this is a tough call. On one hand the care giver is a nice person. On the other hand would you want someone else to be treated the same way? Imagine that this dentist is insured, imagine that the insurance has to pay some damages. Perhaps the insurance company may then decide that before insuring another dentist (and all future dentists) they must have training in looking for OC. Then your suit is going help people in the future.

If you go forward with this you might just help change the system for the better.

Mmm Well I too was 33 when diagnsoed and I was misdiagnosed over a period of 5-6 months by a Dr. and Dentists whom I saw several times complaining of symptoms (extreme very painful earache and sore throat- sore on tongue)and both of whom I also showed the lesion on my tongue. Its a lot of paperwork to pull together but a good lawyer will tell you what the best outcome will most likely be for your specific case. I think you should at least meet with a lawyer and see what they say.

Drs. are very protected is what i came to find out. There was a lot of abuse of malpractice in years past. After I was rejected by 2 lawyers who reviewed my files I wrote my dentist and dr. letting them know of my condition. I could have also filed a complaint to medical board - it is your right. I never did end up doing that.

The main thing that they have to prove is would the outcome have been any different had you been diagnosed earlier and with cancer its hard to prove. My Dr. wouldn't speak with the lawyer to express his opinion- so I think that is what made it tough for my case. It was too hard to prove whether or not I would have had to have a different less drastic surgery had the caught it earlier. I definitely feel that I would probably have had a tongue left had they caught it earlier and not having one effects every part of my life every single day. After awhile I just gave upon it. It was an exhausting process but I'm glad I went through it because I knew I had tried my very best and exhausted all avenues- otherwise it would have bothered me and nagged me not knowing what would have happened ... Life sure is not fair. Hope you are recovering well.

K

Eric,

You have to first ask yourself why you want to consider this. It is purely punitive; do you want to improve this and perhaps other dentists' training and recognition; or is it for other reasons? This might put it into focus a little better.

Talk to several medical malpractice attorneys and see what they have to say. If you do decide to go forward make sure it's not on your "dime" and the attorney is only compensated if you either settle or prevail. Be sure to read the contract between you and the lawyer and that you understand everything in it including the different "levels" of compensation rates. I'm not an attorney but I read and advise clients everyday on the math in contracts.

Contrary to the previous posters, no dentist on the receiving end of a suit that I have been involved in won. (This includes one in which the dentist in my opinion did everything right except keep proper documentation hat he did what he was supposed to) The ability to show failure to meet standards of care, failure to diagnose, failure to refer, are not that hard to establish and prove. standards of care do not have to be in the form of a written document (though OCF is issuing one next month for national publication) they are based on many things from what you were taught to do in school, to the behavior of your contemporaries just to name a couple.

99% of the time the insurance company settles out of court before it ever gores any further in the cases I have been in. This is good and bad. You get your money, sometimes the dentist gets his hand slapped and he is right back doing the same behavior the next day. Sometimes, if the settlement is high enough (especially when there is significant morbidity and QOL issues), the insurance company refuses to reinsure the dentist. That means he is out of the dental practice game. No insurance, no state will allow you to practice. You are left with teaching (if someone will have you), or working for a dental products manufacturing company where you do not come into contact with patients. All these are poor substitutes for the income you made as a practicing doctor. If you go the attorney lawsuit route, have your team contact me for particulars. This isn't something that I enjoy, but it wouldn't be my first dance either.

Another option is to legally force him into reeducation and demonstration that he knows what he is doing, combined with routine monitoring of his patient population for confirmation of appropriate screening behavior for some fixed period of time. I like this one, the insurance companies do not. They want it over, cut and dried, and the thing paid and settled.

My son cost me a law suit against a Dr. There are time limits Eric, better check them out. I won't say who the Dr is that I had a good case against. There isn't any 2 yrs in this state for lawsuits of the medical profession. Now I suffer for a medical screw up.

I just want to thank everyone for their extremely good feedback! I do appreciate it. I know I have a time limit, the attorney I spoke with has let me know when I have to file if I choose to go through with it.

Again, thank you all for your feedback and support, I do really appreciate it.

Hi eric i have sent you a pm and a couple of links to the case we went through with robins dentist.

liz

Hi Eric- Let us know how it goes. I wish I could have been able to do something. I felt I had a very very good case but the two lawyers - who were very reputible in mal med didn't want to take it on for lots of reasons I guess. Be persistant and defntiely give it a shot- absolutely investigate all of your options within the time limit.

Kate