Dentist mistakenly pulled DD permanent tooth (long but need advice)

[EmeraldGirl]

At the end I will ask: Should I pursue litigation? I am a Christian who believes we should avoid court if we can work things out in a reasonable manner between decent people.

 

This happened back in May. My dd12, who was a foreign adoption 3.5 years ago, has some issues with her permanent teeth coming in late and behind the baby teeth. This was happening with her lateral incisors (the teeth on either side of the front 2 top ones). The "normal" time for these to fall out and be replaced is usually around 8-9 yr old. She was over 12, so they felt if they pulled them out it would help encourage the permanent ones to come in.

 

Both of those incisors were loose when we scheduled for them to be pulled. The appointment date was 2 months later, and the dentist said if my dd would wiggle them out then they wouldn't need to be pulled. By the time of the appointment, one of the teeth had fallen out, so we were so excited she was only going to need the other pulled.

 

The permanent tooth of the one that fell out was starting to descend and was probably about half way down out of her gum line, clearly visible. However, for some reason (probably malnutrition), her lateral incisors are thin and are actually referred to as "peg" laterals due to their narrowness.

 

Note: This office has repeatedly confused my two boys and almost pulled out the wrong boy's teeth in a previous visit, and I had to say "no, this is Jack and that is Peter". Plus they never asked me whether I wanted xrays or flouride when I first started coming and our insurance only covers so much, but they did it anyway and said it was my responsibility to know what they were doing and what was covered. After that, I was really on top of things, probably almost annoying b/c of having so many kids and constant appointments. But they are the only pediatric office and came highly recommended by the Children's Hospital where my kids go for other things.

 

Here is where I feel like a totally negligent mom....We went to the appointment as usual. I have 4 little kids that go everywhere with me, so I really like that this is an "open" office where you can walk from the waiting room directly into the "open" examination room which has 4 dental chairs.

Then xrays take place in another room that is also visible from the waiting room. I wander from the waiting room (watching my little kids) to the exam/xray room every now and then.

 

Before the appointment, the office has you fill up a Q&A (every single time), and you need to sign a paper saying you understand the risk what they are doing, and the use of nitrous. I always explain that my kids don't need nitrous oxide (laughing gas to make them comfortable), but that the novacane is fine. I tell the assistant that and cross off the nitrous and initial, and explain (again) that novacane is okay. (I do this with every kid at every appointment). Never does she tell me what they are doing; I made an assumption they were going to pull out the one baby tooth.

 

After awhile of wondering what was going on, I went back to see how everything was going. I could tell something was wrong. Well, they pulled out BOTH, the one baby and the newly descending permanent incisor. The Dentist explained what happened at that because they reinserted it before 10 minutes and since the tooth was still descending, the tooth should reattached to the roots.

 

The reason given for not knowing it was the permanent tooth was because her permanent tooth was so small, they assumed it was the baby tooth. I guess they didn't notice that it wasn't even fully descended and it was loose the last time we were there (maybe that wasn't in their notes). But they had told me she had peg laterals in her gums in a previous appointment.

 

The Dental Director was there at the time and the Dentist who made the mistake consulted him. They called an Endodontist for an opinion and sent the Endo the xray. Then they both talked to me, trying to reassure me that everything should be okay. They took xrays and said to come back in 2 weeks. I asked tons of questions (obviously) on the "what ifs" and they just kept reassuring me, but that if she needed to go to the Endo, they would send me there. They kept asking how she was feeling, they played with her tooth, and downplayed (IMO) what was happening.

 

I asked for a copy of the notes from the appointment. At that point nothing was written on her chart, so I said I would wait. I left with a copy of that day's chart and the xray.

 

I was absolutely sick and worried about telling my hubby, and my poor dd was such a trooper. I asked her if they told her they were pulling both teeth? She said "no". But no matter what, she is quiet and gentle and never speaks up, even when in pain. Was is her responsibility anyway???

 

After speaking with my husband, I realized I needed to get something in writing from the dental office claiming responsibility for future treatment on this tooth since that is what they promised verbally.

 

Fast forward (sorry so long): I really was in the dark as to understanding what was going on. The dentist kept playing with her tooth, mentioning how great it looked, that it was fully descended, she had no pain, blah, blah. She did have pain for about a week afterwards, and she didn't bite on that side of her mouth for quite awhile. Even now she avoids it. After 3 appointments in 2 months, the Endo decided to see her based on her updated xrays. The dentist kept mentioning saving the tooth, root canal, implants, but that the Endo would go over everything with me. My head was spinning.

 

Got a letter from the dental office to the Endo office that they would cover whatever treatment was necessary. Went to the Endo for a consult. At that first appointment, he told me the tooth was dying and he needed to do a root canal in order to save the tooth. Head spinning again.

 

We have had 2 appointments where the Endo drilled a hole in her tooth, drained it and packed it with some "medicine". He wants to keep doing that until he is sure that it is "taking". There seems to be some uncertainty that he can save the tooth but he doesn't verbalize that well. I also mentioned that after the first "drilling" appointment, my dd tooth looked even smaller; she noticed it right away and said something to me. His response: "Oh that tooth is so small anyway." I felt so sad for her; it is right in the front of her mouth and you can't miss it when she smiles. It is now getting discolored.

 

My brain is just going through all the "what if" scenarios, especially since even the Endo said things won't be definite until after she finishes developing past her 18th birthday, that is why they wait to do implants until then. So if it doesn't take, then what?? And when??

 

Oh my, 6+ more years. I tried to call a lawyer and ask what my options were. He wasn't sure b/c that wasn't his area of expertise. So he gave me another lawyer's phone #. Again, not his area...another phone #. This happened 4 times. I am sick wondering who is going to take care of this once my child outgrows this pediatric practice.

 

If you have persevered through my drama, I really appreciate it. I lurk a lot and pray for folks when they post problems. It's my turn please. Any advice seeking counsel??? I really feel at a loss.

[jentancalann]

Wow, so sorry about the situation you find yourself in. I really don't have any idea what to tell you, but I did send a prayer up for clarity and direction for you. :grouphug:

[Tammi K]

Lisa, I feel so sad for your poor girl. I don't have any real advice but :grouphug: and I hope you get the help you need. I would definitely be holding the dental practice responsible. Crowns aren't always cosmetically great but when she is older, she can have an implant which is much more natural looking. Perhaps you can pursue commitment to covering this expense. There is probably avenues of arbitration available to you. Please keep a positive outlook. Praying for you!

[melissad2]

I would absolutely find a lawyer to at least seek advice on what to do next. I'm not a person who likes litigation and I believe in working things out but your daughter is going to have to deal with this forever. At the very least I would sit down with the endodontist and discuss a long term solution whether that be a crown or permanent implant and have them send the bill to the offending dentist. Also, I would NEVER use that dentist again. EVER!

[DB in NJ]

A bully at school knocked me down and broke my front tooth when I was 8.

 

Last week, I had a root canal done on that tooth and am right now sporting a brand new, chicklet-looking temporary crown while my brand new one (this will be my 3rd "permanent" crown) is being made.

 

I'm now 48, btw.

 

What I'm saying is, yes they screwed up. Yes, they need to do everything possible to make it right. Yes, she will most likely be dealing with this issue for the rest of her life. And yes, they need to pay for that.

 

Your poor dd. I'm telling you, if this weren't a front tooth, I'd have had them pull it a long time ago. It's been nothing but a headache since that punk kid knocked me down. :glare:

 

:grouphug: prayers going up for you all.

[DB in NJ]

I would absolutely find a lawyer to at least seek advice on what to do next. I'm not a person who likes litigation and I believe in working things out but your daughter is going to have to deal with this forever. At the very least I would sit down with the endodontist and discuss a long term solution whether that be a crown or permanent implant and have them send the bill to the offending dentist. Also, I would NEVER use that dentist again. EVER!

 

:iagree::iagree::iagree:

[itsheresomewhere]

I would have gotten a lawyer right away. It helps to have one in your pocket when dealing with medical malpractice. I also would change dentists right away. Just because they are recommended by the hospital doesn't mean they are good. For example, the local autism office recommends a certain ped here who has the worst manners possible. He is just rude but his partner is the sweetest man with more patience in his pinky than the recommended guy has in his whole body. Get a lawyer one who deals with medical malpractice.

[IsabelC]

Really sorry this has happened to your child!

 

As for litigation, I'd suggest you consider what you could get vs the cost (financial, time and emotional cost) and whether it's something you really need/want to do for your child.

 

If you come to the conclusion that it's the right thing, don't hesitate out of kindness to the dental practice. They have made a preventable mistake. Sure the situation may have been unusual or confusing, but the dentist is paid big money for the job and they are supposed to double and triple check before extracting teeth. You could be up for huge expenses for your child's ongoing dental issues, and they should be contributing to that.

[ondreeuh]

I am so sorry that this happened, Lisa!

 

You are doing everything right - document, document, document! Keeps notes of every appointment and have them make copies of their notes for each exam.

 

Are you tied to using this endodontist? It doesn't sound like you fully trust him (and I'm not blaming you for that!).

 

Pulling the wrong tooth is a malpractice issue. If you can get a free consultation with a malpractice lawyer, maybe you can get a letter sent to the original dentist explaining that due to their admitted error, your dd will indeed need long-term treatment. You would like to establish an official record of their agreement to pay for any work required by any practitioner that is the result of that mistakenly pulled tooth. Any refusal to do so will result in a malpractice lawsuit. I'm not a lawyer, but that seems like something that could be done to let them know they are on the hook and will be sued if they don't follow through.

[tammieb]

I personally wouldn't seek litigation. Not downplaying the mistake, but from what I understand, they're taking care of any out of pocket for the additional treatments? There are other ways to report the mistake should you feel that's necessary.

 

I do have one question, though.....

 

Why are they working so hard to repair / save a visibly dying tooth? (if it's getting discolored, that indicates lack of blood supply to the tooth).

 

Have they considered a bridge / false tooth? A little more invasive, but it'd be over and done with.

 

I'm so sorry to hear how this was handled. I hope it works out for the best.

 

Tammie

[justamouse]

This could cause her problems for the rest of her life. Root canals are notorious for not taking.

 

Go to the lawyer, and never see that dentist again. Ever.

 

If they pay for the endo *now* and 'it gets fixed' that means NOTHING as to what they will pay in 5 years if it has to be done again. Or 20, or however many times she's going to need work done as an adult and THAT is why you need the lawyer. Not for now, for later. Because let me tell you, they will NOT be paying the rest of the times, they'll fight it (which is why they're agreeing to pay now, they're banking on your ignorance, and in the long run, them paying now will save them $ later), and you'll have to get a lawyer the $ anyway. Or, you can hope that for the rest of her life she'll have excellent dental coverage.

 

 

:grouphug:

[IsabelC]

I personally wouldn't seek litigation. Not downplaying the mistake, but from what I understand, they're taking care of any out of pocket for the additional treatments? There are other ways to report the mistake should you feel that's necessary.

I disagree because without legal proceedings there's no way to enforce this if they become difficult later on. They might not agree to the specific treatment that the OP and her child want, or they might not want to pay for another dental professional to do it, or whatever. It would be far safer to get a compensation payout, if they are entitled. That way the money could be invested until the child is old enough to decide about the implants, and there would be total flexibility to do whatever seems best then.

[MomatHWTK]

Ongoing necessary dental work is incredibly painful and stressful for the patient. I would expect some acknowledgment of the trauma my child will have to endure. (I have a cap that has had lots of trouble- very unpleasant!) ETA: I am not a litigious person, but if the dental office wanted to avoid litigation their attorney should have already offered you a generous settlement in writing that covered all ongoing treatment and compensated your DD for the pain and suffering.

[tammieb]

I disagree because without legal proceedings there's no way to enforce this if they become difficult later on. They might not agree to the specific treatment that the OP and her child want, or they might not want to pay for another dental professional to do it, or whatever. It would be far safer to get a compensation payout, if they are entitled. That way the money could be invested until the child is old enough to decide about the implants, and there would be total flexibility to do whatever seems best then.

 

If this type of legal proceeding was cut and dry (and I took my Christian values out of the mix), my response would have been different. Once this guy sees a certified letter from a lawyer, if he's like most, the niceties will stop. Then these parents will be footing the bills now to get the work done while litigation is drug out over years!

 

It's a mess, I agree! It's extremely unfair to this poor girl. All I'm saying is get the girl the help she needs now, document EVERYTHING, and wait to see what happens.

 

Hope it's resolved quickly!

Edited September 4, 2012 by tammieb

[redsquirrel]

and FYI, a lawyer might not take the case if you don't agree to sue if they find a reason to sue. They get a percentage of any settlement, and don't get paid of you lose. So, they might not work with you if no suit is possible.

[Lolly]

If she loses the tooth completely, she will wear a flipper type of tooth until she is old enough for an implant. If the root and tooth are still in the gum enough, she will probably have a root canal and a crown (best option). If the root has to be removed also, she will hae to wear an appliance until she is old enough for an implant. The actual age will depend on her growth pattern. Start doing consults at 17. With girls, they may be physically mature enough at that point for the implant. If it is one of her front teeth, you will possibly want veneers on the other front teeth so that they will all match. (They aren't that great at getting the tooth color to truly match the real teeth.) With an implant or a crown, you will want enough money to cover the procedure twice. It is highly likely that she will need to have the crowns replaced as she gets older. I would also factor in some pain and suffering. My dd is undergoing implant procedures right now (turning 18 soon, had bone grafts and implant screwed in a month ago), and I'm telling you it is quite painful. Just remember that not only do you need the $ to cover the procedures she needs now, you need to cover the later work, and then even later work. This is lifelong. You have no idea where this dentist or endo will be in 6 years much less in 30 when everything may need replacing. You need money in the bank to cover what will be coming. I think I would consult a lawyer. Just make sure the $ amount won't be taken by his fees.:tongue_smilie: They need to be above what your dd receives.

 

Adding:

Also, your dd will require braces if she is going to have an implant. Since her teeth are congenitally small, they will need to make more space because the implants only come so small. (My dd also lost a congenitally small tooth.) The tooth on the other side had to be built up to match the size of the upcoming implant. The stuff they use to build the tooth up will not hold to her tooth; the corner keeps chipping off. The veneers she will be getting at the end of the procedure should take care of that. Make sure that cost is also covered.

 

It has crossed my mind more than once that dd would have been better off if we had just had the matching tooth on the other side pulled instead of all this work. The other teeth would have just moved forward to take their places. Then, the wisdom teeth would have taken up that extra space in the back. not sure what it would have looked like, but I do wonder if it wouldn't have been easier to work with than what we are currently doing!

Edited September 4, 2012 by Lolly

[Jean in Newcastle]

My understanding of a Christian on lawsuits is that we are not to sue other Christians for things that can be settled. It doesn't have to do with malpractice suits etc. in the marketplace.

[Lolly]

If this type of legal proceeding was cut and dry (and I took my Christian values out of the mix), my response would have been different. Once this guy sees a certified letter from a lawyer, if he's like most, the niceties will stop. Then these parents will be footing the bills now to get the work done while litigation is drug out over years!

 

It's a mess, I agree! It's extremely unfair to this poor girl. But so often people who've been treated wrongly medically jump on suing at the onset and don't think about the consequences once that attorney has been retained. All I'm saying is get her help, document EVERYTHING and give the endo a chance to see what can be done before tying everyone's hands with litigation.

 

Hope it's solved quickly!

 

They won't be able to get her help down the road unless they get $ now. This tooth could be giving her problems when she is in her 40s or 70s. I doubt this dentist is going to be around at that point. If he is willing to write her a check for a hundred thousand without a lawsuit, that would be great. I doubt he will do that. The endo isn't going to be able to offer any real solutions until she is older. Even if he is able to save that tooth, the chances of her losing it several years down the road due to this trauma are much, much higher.

 

I really wish I didn't know so much about this type of trauma!

[Cammie]

Getting the advice of a lawyer doesn't mean you have to pursue litigation or sue the dentist. Getting the advice of a lawyer means you will be informed as to what all your options are. These can include mediation, arbitration, litigation, etc. Most cases these days are settled out of court.

 

Regarding a lawyer refusing to take you on as a client if you refuse to sue...then you didn't want that lawyer anyways. Yes, many medical malpractice lawyers work on contingency - meaning they work for free (for the most part) but take a percentage (sometimes as high as 33%) of the final award. However, I am sure you can find a lawyer willing to work on an hourly basis for you.

 

If litigation is against your values, don't sue. But having legal advice simply makes you a more informed person and I can't imagine that is against anyone's values. Good luck.

 

(ETA you can be sure that the dentist has already informed his insurance company. If you were not sure that this was a fair discussion at first, you can be sure that whatever advice they are giving him now will make this an even more one-sided discussion. Hiring a lawyer just to deal with the insurance company lawyers is a good use of money, IMHO.)

Edited September 4, 2012 by Cammie

[StephanieZ]

I would:

 

1) get a (ideally two) separate professional opinion about what can be done for the tooth now and in the future. I would NOT tell the other dentists that you are considering legal action. I would just tell them that the tooth was inadvertently damaged/pulled at another practice (DO NOT NAME IT), and you would like to know what can be done for it now and what to expect in the future, and to develop a treatment plan for now and long term, so you know what to budget for, etc.

 

2) Once you have a separate expert opinion about what is now and in the future expected for the tooth . . . You should have some sort of hard $ number in your head for maximum financial damages (HIGH END!) Say maybe $10,000 if it needs an implant, or maybe $3000 if it's just a root canal and crown. Don't forget that crowns/etc need to be redone about every decade. So, in a child, this might be 5-8 times over a lifetime . . . . Add those future expenses in (in today's $s, since you will have the time to allow it to compound to keep up with price increases)

 

3) You should also have a number in your head of how many dentist visits this will likely entail and how painful and lengthy they will be. I'd estimate $200/visit for YOUR time getting her to/fro and $200-$1000 per visit for dd's stress/pain/suffering depending on the extent of the procedure.

 

4) Add all that up. My guess is $3000-$10,000 in current dental expenses to replace the tooth with an implant, and repeat that every 10-20 years. So, maybe somewhere between $18,000 and $60,000 over 6 replacements over a lifetime.

 

5) Hassles/pain/suffering . . . Maybe another $10,000 -- low end, and just b/c you are being nice and modest in your demand. (If malpractice required ME to get a root canal/crown, I'd demand NO LESS THAN $10,000 for ONE! THEY TOTALLY SUCK!!)

 

So, maybe $30,000 - $100,000.

 

I know that sounds really high. If your dd has extensive other dental problems, that may or may not impact YOUR assessment of the value of this lost tooth, but, I would want damages paid EVEN MORE as you could actually direct that $$ to fixing her WHOLE mouth in a more modest way in the near future. Or, if the entire $$ isn't needed for the current issues, then invest it in her name in a protected way for her future dental needs.

 

OK, so, now you've got a $ number. This does NOT need you need a lawyer necessarily. You can simply call the dentist, tell them that you need to talk to them about this issue, make an appt (if they will) to sit down and discuss it. Ask THEM to do the same estimates/treatment plan (for LIFE) for your dd that you had the other experts do. Ask them to give you $$ estimates for their plan. Now, tell them that you may or may not want them to do this future work, but you appreciate their acceptance of responsibility. And, now, you want a check. For the full amount. Period. In exchange, you will sign a release, or whatever. They will likely involve their liability insurance carrier. OK, fine.

 

If at any time you feel uncomfortable, of course you can involve an atty. However, they take a BIG chunk, and can sometimes make things worse instead of better. The office sounds like they have stepped up and taken responsibility already, so now you just need to push a bit harder to get them to cough up fair complete compensation.

 

They've got insurance JUST FOR THIS REASON. The blew it, and they can and should make it right. These things can happen even to the best practitioner, but that doesn't mean you have to let them off the hook.

 

That's my 2c . . . having seen malpractice from both sides of the white coat . . .

[staceyobu]

DH looked at getting an implant tooth a few years ago. It was going to be around $7000.

 

Has the dentist been agreeable to paying for everything so far?

 

Personally, I'd want a consult from a different endo since it seems like you are having trouble with this one already. I would also try to get an estimate of cost for worst case scenario.

 

I wonder if you could settle with them for an amount of money to cover future expenses. Maybe they pay 10 or 20 thousand now. Then, if future medical costs go over that amount, you are stuck with them... but at least you got something covered. I'd almost think that would be a better option than them paying for current treatment but you getting nothing for things down the road.

 

I would keep looking for legal representation. Chances are, they have malpractice insurance and lawyers that work for that. You need someone helping you negotiate this. It doesn't mean you are going to sue... they could settle with you. I know hospitals frequently settle even when they aren't at fault to avoid court costs. This is 100% their fault, so I would think they would be agreeable to settling.

 

However, you need someone to advise you on how much to settle for this. What is a tooth worth??? And you need legal counsel to make sure they to stick to their word.

 

I would try to keep things as civil as possible with them since they are working with you so far. However, it does sound to me that they could be in cahoots with the current endo... so I think you need another opinion.

 

They messed up, though, and their malpractice coverage needs to pay for that. I hope it works out well for you. :grouphug: for your dd.

[plansrme]

From a dental standoint, have you considered consulting with an orthodontist? I would think about finding the best ortho in town, the one who works with weird issues, and getting his or her opinion on whether the tooth needs to be saved for aesthetic purposes. That would give you a better idea about what your daughter will need to endure in the future.

 

And yeah, I would switch dentists, including the endo, ASAP. In consultation with the endo and ortho, figure out a future treatment plan, including expected out-of-pocket costs, pain and suffering and replacing anything that doesn't last as long as she does. Then calculate a present value for this amount, and present that as a claim to the dentist. You need not have a lawyer to try that. A lawyer would take one-third anyway, leaving you less-than-fully-compensated.

 

I am an attorney, though not a litigator, and I would try to handle it first without an attorney.

 

Best of luck to you and your daughter.

 

Terri

[EmeraldGirl]

Wow, thanks for all the responses and counsel.

 

Another suggestion (by my husband just now) has been to go to an orthodontist and get an opinion to have both lateral incisors pulled, since they are small anyway, and have braces put on to pull the teeth together on the top.

 

I had the 2 teeth on either side of my lateral incisors pulled to have braces b/c my mouth was crowded. At least the teeth would be even and all this nonsense could be much more easily and quickly solved.

[magnificent_baby]

I would do two things immediately: get a lawyer and a second opinion from another dentist.

 

I had a front tooth implant a few years ago due to a car accident. It cost around $4,000, possibly more. I paid out of pocket because I didn't collect any insurance money or sue at the time, and statutory limit time ran out. The tooth that was knocked out but reinserted immediately, lasted about 15 years before dying. Not to mention the potential for additional work in the future. It was also not a very pleasant experience, pain and comfort wise, and took almost an entire year to complete the process for the implant.

 

It may be a very expensive process for her, whatever needs to be done in the future. Do not count on him being able to fix it or make deals with you; it could be a lifelong issue off and on.

 

Like PP's do not go back to him.

 

Good luck. :grouphug:

[SW in IL]

I'd definitely get legal advice. Better to consult a malpractice lawyer now than to wait years and then wonder if it would have made a difference if you had done it back then. Not saying that you should sue him or anything, but you need someone on your daughter's side who knows more about these types of situations.

 

And never, ever go back to that dentist. Personally, I wouldn't even go to the endo they sent you to. Then again, I drive an hour to go see a dentist that my son and I are comfortable with.

 

Just my 2 cents worth,

Sue

[The Girls' Mom]

Wow, thanks for all the responses and counsel.

 

Another suggestion (by my husband just now) has been to go to an orthodontist and get an opinion to have both lateral incisors pulled, since they are small anyway, and have braces put on to pull the teeth together on the top.

 

I had the 2 teeth on either side of my lateral incisors pulled to have braces b/c my mouth was crowded. At least the teeth would be even and all this nonsense could be much more easily and quickly solved.

 

I think that regardless of whether you sue or not, I would seek this route if possible. Less trauma and pain for your dd now and in the future.

 

FWIW, I'm missing that exact tooth (never had it) and my teeth grew together enough that people do not notice unless I point it out.

[kitten18]

I would:

 

1) get a (ideally two) separate professional opinion about what can be done for the tooth now and in the future. I would NOT tell the other dentists that you are considering legal action. I would just tell them that the tooth was inadvertently damaged/pulled at another practice (DO NOT NAME IT), and you would like to know what can be done for it now and what to expect in the future, and to develop a treatment plan for now and long term, so you know what to budget for, etc.

 

2) Once you have a separate expert opinion about what is now and in the future expected for the tooth . . . You should have some sort of hard $ number in your head for maximum financial damages (HIGH END!) Say maybe $10,000 if it needs an implant, or maybe $3000 if it's just a root canal and crown. Don't forget that crowns/etc need to be redone about every decade. So, in a child, this might be 5-8 times over a lifetime . . . . Add those future expenses in (in today's $s, since you will have the time to allow it to compound to keep up with price increases)

 

3) You should also have a number in your head of how many dentist visits this will likely entail and how painful and lengthy they will be. I'd estimate $200/visit for YOUR time getting her to/fro and $200-$1000 per visit for dd's stress/pain/suffering depending on the extent of the procedure.

 

4) Add all that up. My guess is $3000-$10,000 in current dental expenses to replace the tooth with an implant, and repeat that every 10-20 years. So, maybe somewhere between $18,000 and $60,000 over 6 replacements over a lifetime.

 

5) Hassles/pain/suffering . . . Maybe another $10,000 -- low end, and just b/c you are being nice and modest in your demand. (If malpractice required ME to get a root canal/crown, I'd demand NO LESS THAN $10,000 for ONE! THEY TOTALLY SUCK!!)

 

So, maybe $30,000 - $100,000.

 

I know that sounds really high. If your dd has extensive other dental problems, that may or may not impact YOUR assessment of the value of this lost tooth, but, I would want damages paid EVEN MORE as you could actually direct that $$ to fixing her WHOLE mouth in a more modest way in the near future. Or, if the entire $$ isn't needed for the current issues, then invest it in her name in a protected way for her future dental needs.

 

OK, so, now you've got a $ number. This does NOT need you need a lawyer necessarily. You can simply call the dentist, tell them that you need to talk to them about this issue, make an appt (if they will) to sit down and discuss it. Ask THEM to do the same estimates/treatment plan (for LIFE) for your dd that you had the other experts do. Ask them to give you $$ estimates for their plan. Now, tell them that you may or may not want them to do this future work, but you appreciate their acceptance of responsibility. And, now, you want a check. For the full amount. Period. In exchange, you will sign a release, or whatever. They will likely involve their liability insurance carrier. OK, fine.

 

If at any time you feel uncomfortable, of course you can involve an atty. However, they take a BIG chunk, and can sometimes make things worse instead of better. The office sounds like they have stepped up and taken responsibility already, so now you just need to push a bit harder to get them to cough up fair complete compensation.

 

They've got insurance JUST FOR THIS REASON. The blew it, and they can and should make it right. These things can happen even to the best practitioner, but that doesn't mean you have to let them off the hook.

 

That's my 2c . . . having seen malpractice from both sides of the white coat . . .

This is all VERY, VERY good advice.

 

 

I would also do the orthodontic consult to see about the possibility of not needing that tooth at all.

[jhschool]

I would recommend suing for malpractice.

 

The lady with the $100,000 figure seems to have the right idea.

 

I'm so sorry for your child!!!

Edited September 4, 2012 by jhschool

[redheadmom]

First, I am sorry you are going through this. While, I wouldn't rule out a lawyer or settlement as an option, I would go to an orthodontist. I chose to have 4 permanent teeth removed in order to have braces. The ones I had removed were the 3 tooth over from the middle (one over from your daughter). My own DD has seen an ortho for her eventual braces and we have already discussed pulling permanent ones. I understand that is a hard decision but removing those 2 teeth could be potentially less pain and problems for your daughter in the long run.

[Sara in AZ]

What a stinky situation!!!!! A few years ago, my sister was sitting in a restaraunt when the TV mounted on the wall above her literally broke off the wall and fell on her head. The owners were, of course, incredibly apologetic and wanted to make things right. But my sister was not sure what kind of on going medical treatment she would need, and she needed more than just a bunch of certificates for free food. It was all very confusing for her at the time, but she ended up seeing an attorney friend of the family who helped her get the best settlement she could, including money for future issues which she still deals with on occasion. It wasn't something she manage easily alone, so I side with the folks recommending you seek legal advice.

 

Hang in there!

[Anne in CA]

I am sorry, I have no advice, just wanted to let you know that I will pray. I'm glad she has you on her side.

[TechWife]

I agree with some of the others. I think you need to get three consults and have each of them propose a treatment plan. Make sure they specify on the plan which professionals carry out which treatments.

 

At the minimum, you need to talk to:

 

1) A dentist that does restorative work

2) An endodontist

3) An orthodontist

 

The dentist my recommend a root canal and a crown, so you would go to the endodontist for the root canal but go back to the dentist for the crown. Keep in mind that crowns need to be replaced every 10-15 years, so she is looking at 5 or 6 crowns over the course of her lifetime.

 

An orthodontist might look at it and say that the problem could be solved with braces and propose a treatment plan. You need that amount figured into any settlement that you ask for. You also want to ask the orthodontist to recommend the best braces available to treat this particular problem.

 

Also, I believe you can contact the dentist's insurance company and file a claim yourself. An attorney would know for sure.

 

You should make sure that you get her treatment provided by providers that you have chosen. You shouldn't be compelled to continue receiving treatment from either this dentist or orthodontist.

[MarinesWife]

I'm with Stephanie on all of it. You need money to be put into a trust fund that is used by you and your daughter (after a certain age) for the specific use of caring for her teeth. There are future expenses now that might not have been there before, and they should provide for those.

 

I hate malpractice claims and suits and all that, but a settlement needs to be made to care for your doctor. It was a mistake, but honestly...a really dumb one! It was malpractice!

[Lolly]

Wow, thanks for all the responses and counsel.

 

Another suggestion (by my husband just now) has been to go to an orthodontist and get an opinion to have both lateral incisors pulled, since they are small anyway, and have braces put on to pull the teeth together on the top.

 

I had the 2 teeth on either side of my lateral incisors pulled to have braces b/c my mouth was crowded. At least the teeth would be even and all this nonsense could be much more easily and quickly solved.

 

:001_smile:I also suggested looking into that as a possibility. Honestly, unless she needs braces anyway, the teeth will move together on their own, and you can probably do without the braces. Dd was without any tooth there for a week or so after her loss and the gap was closing remarkably fast. Our bodies are made to be able to handle tooth loss fairly well.