Need advice for my daughter.
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Damn, $10k for a kid "suffering" for one night? She must be gold-plated or a child star for that kind of compensation. 
I'll bet she'd be happy, content, and forget all about it with a $10 Barbie.
I'm curious how this would all play out. Hindsight is 20/20, but I'll bet that this slimy guy is going to call your bluff. ER physicians aren't dentists and have no formal oral surgery training. They can say whatever they want to say, but they're not professionals in the dental field. As such, their opinion holds limited weight... no matter how many junior physicians the "head guy" had following him.
Without your daughter actually having ongoing pain and suffering, you don't really have any legal case. That being said, he "might" compensate you some.
But for a legal case, you have to prove that he was so outside "reasonable" practice (not optimal, but REASONABLE practice) AND someone was harmed. You usually get NADA for aborted accidents.
Here's the legal definition:
I'd give you $3k. Unless you're making $200,000 per year and can claim more in "lost wages," it'll be hard to claim $10k... especially when your insurance covers all but $500. He'd have charged you $100 for the antibiotics if he had given it in the office, anyway.
The law doesn't care what you think of his attitude, his ability to pay, or how he treats his other clients. It's based solely on the events at hand, not on what you think of the dentist's financial status and herding of "cash cows."
I'll bet she'd be happy, content, and forget all about it with a $10 Barbie. I'm curious how this would all play out. Hindsight is 20/20, but I'll bet that this slimy guy is going to call your bluff. ER physicians aren't dentists and have no formal oral surgery training. They can say whatever they want to say, but they're not professionals in the dental field. As such, their opinion holds limited weight... no matter how many junior physicians the "head guy" had following him.
Without your daughter actually having ongoing pain and suffering, you don't really have any legal case. That being said, he "might" compensate you some.
But for a legal case, you have to prove that he was so outside "reasonable" practice (not optimal, but REASONABLE practice) AND someone was harmed. You usually get NADA for aborted accidents.
Here's the legal definition:
In law, malpractice is a type of tort in which the misfeasance, malfeasance or nonfeasance of a professional, under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient.
The law doesn't care what you think of his attitude, his ability to pay, or how he treats his other clients. It's based solely on the events at hand, not on what you think of the dentist's financial status and herding of "cash cows."
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Originally Posted by S2020,Aug 15 2007, 03:42 PM
so what's your goal?
to "teach him a lesson" or to pad your pocket?
if you want to teach him a lesson, report him to the dental board. That's a much more effective lesson than losing $10K. Also, you'll be doing a community a service by removing a potentially bad dentist from hurting others.
if you want to pad your own pocket then I have nothing else to say regarding the $10K. What are you going to do with the $10K. Buy things for yourself or donate to the local dental funds for the indigents who are always in need of more money.
secondly, YOUR daughter's dentist refused to see his own patient. How does that make her a good doctor? My patients have access to me or an on-call doctor 24-7. My surgical patients have access to my cell phone so that I am aware of a problem the moment it arises. Your dentist should have referred your daughter to an appropriate on-call person if he's not available.
to "teach him a lesson" or to pad your pocket?
if you want to teach him a lesson, report him to the dental board. That's a much more effective lesson than losing $10K. Also, you'll be doing a community a service by removing a potentially bad dentist from hurting others.
if you want to pad your own pocket then I have nothing else to say regarding the $10K. What are you going to do with the $10K. Buy things for yourself or donate to the local dental funds for the indigents who are always in need of more money.
secondly, YOUR daughter's dentist refused to see his own patient. How does that make her a good doctor? My patients have access to me or an on-call doctor 24-7. My surgical patients have access to my cell phone so that I am aware of a problem the moment it arises. Your dentist should have referred your daughter to an appropriate on-call person if he's not available.
A lot of people cannot say the same.
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Topic closed! Once the case is settled, I may report back if this thread is not closed by then.
I feel it's reasonable to make this dentist pay for his carelessness, the professional opinions of the ER doctors and the result support my reason.
I don't expect anyone without young children to understand. If your loved ones have gotten sick because of hurried carelessness of a doctor/dentist, you'd be mad too.
I feel it's reasonable to make this dentist pay for his carelessness, the professional opinions of the ER doctors and the result support my reason.
I don't expect anyone without young children to understand. If your loved ones have gotten sick because of hurried carelessness of a doctor/dentist, you'd be mad too.
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Originally Posted by kumainu,Aug 15 2007, 03:53 PM
Topic closed! Once the case is settled, I may report back if this thread is not closed by then.
I feel it's reasonable to make this dentist pay for his carelessness, the professional opinions of the ER doctors and the result support my reason.
I don't expect anyone without young children to understand. If your loved ones have gotten sick because of hurried carelessness of a doctor/dentist, you'd be mad too.
I feel it's reasonable to make this dentist pay for his carelessness, the professional opinions of the ER doctors and the result support my reason.
I don't expect anyone without young children to understand. If your loved ones have gotten sick because of hurried carelessness of a doctor/dentist, you'd be mad too.
In your situation right now, you've clearly prove my point of what type of people they are. If something like this ever happens to me, I'll definitely take legal response and make sure the dentist lose their license or never practice again. I wouldn't want anyone else to go to this dentist ever again. Literally people's lives are at stake here. People like this regardless of what race they are should be beaten to a pulp. I have more to say but I don't want anyone getting pussy hurt from the facts of those type of people.
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