Anyone ever sued a doctor?

[Deckard]

I'm going to be meeting with a lawyer this week and just kind of wondering what to expect.

Quick background. I had some fillings put in about 2 years ago when I didn't have insurance. He used silver amalgam fillings because they were cheaper but never asked me if this was ok. I was a little upset when I realized they were silver but I didn't complain immediately because I just had too much on my plate and at least my teeth were fixed.

So almost immediately I have severe pain in my entire mouth and I can't really tell where it's originating because it spread so quickly. I went back and saw him about a dozen times over the next year and he kept insisting it must have been this or that tooth and he'd repair, drill, take x-rays etc.(still no insurance) Eventually he started telling me I probably had some kind of nerve damage.

Well this past week, I saw a new dentist, an old friend of my father's out of state. I sat down, opened up, he took one look without so much as touching anything or even needing his mirror and said that it was obvious I had a Mercury allergy and that's what was causing the pain. I have white patches surrounded by very red areas on the inside of my mouth right where it touches those filled teeth on either side. I need to have those fillings removed and also had about six grand of unnecessary surgery and root canals etc done because this other guy couldn't i.d. the allergic reaction in like 12 tries. It's also possible that because it's gone on for so long, it may have caused permanent nerve damage. It's given me insane headaches, bad rashes etc

Any advice for me moving forward at this point would be appreciated.

 

[EVILFACE]

Man, that sucks. Nothing worse than pain from teeth.....

Did you know you were allergic to the material used beforehand?

 

[Deckard]

No, had no idea. Been in extreme pain on and off for over a year. Usually at least 2-3 days a week it gets to the point I have to pop 3-4 Tylenol just to function.

 

[The Ween]

I have 8 silver fillings, though four of the teeth are now capped. I've never had any problems with them. I'm surprised he even used the silver fillings because most dentists won't use them anymore except if they have to fix metal caps.

Good luck to you on getting things taken care of. You shouldn't have gone through all of that.

 

[Enemyofmany]

Teeth are so much trouble. I envy the elders with their false teeth, they're always white, they don't rot, they don't ache . Good luck man.

 

[crows]

I have 8 silver fillings, though four of the teeth are now capped. I've never had any problems with them. I'm surprised he even used the silver fillings because most dentists won't use them anymore except if they have to fix metal caps.

Good luck to you on getting things taken care of. You shouldn't have gone through all of that.

yeah dentists are not even suppose to use that anymore. I think I have something like 5 fillings from when I was little and every time I go to the dentist they always say that I should get it removed and replaced immediately.

 

[DiFabio]

Sorry to hear about that Deckard, that sucks man.

This isn't anywhere as bad as yours, but I just recently went to the orthodontist and experienced something that pissed me off a bit. I had braces when I was in high school, got them off before college and have gone through my retention stage ever since. I've been wearing my retainer for years. I sort of slacked off while I was in college, but nothing too major. I put them in afterwards and everything was fine. Well, I went for a check up after not being there for years and it turns out my original orthodontist had retired. I had my check up and it turns out my bottom teeth shifted like a mother ****er. The method they used back when I first got my retainer is now obsolete. They put this metal bar in and it sort of jacked up my bottoms vertically. My teeth still look straight, but if you look closely, you can see the rotations. I figured I was covered, I mean, why not? It wasn't my fault. Nope. The thousands that we paid plus the coverage didn't mean a damn thing. They ripped out the obsolete bars, took a mold of my current bottoms, gave me a clear retainer and called it a day. If I wanted to fix the problem, I'd have to pay $500 for a spring retainer. Unfortunately, that will only fix the rotation. If I wanted to fix the vertical problem, that's a few thousand. So yeah, ********.

If I were in your position, I'd sue the bastard. It sounds like they did more damage than any good. The lack of options available, loss of money and pain you've gone through warrants it I think. If anything, get em' for malpractice.

 

[The Ween]

yeah dentists are not even suppose to use that anymore. I think I have something like 5 fillings from when I was little and every time I go to the dentist they always say that I should get it removed and replaced immediately.

Your dentist is just trying to make money off of you then. Dentists can still use it and do. Replacing them is worse than keeping them, if you're not allergic.

 

[Devil_666]

Any advice for me moving forward at this point would be appreciated.

Your biggest problems are going to be this:

Did you know you were allergic to the material used beforehand?

No, had no idea.

Which probably means when you filled out all the forms before work was done you never claimed that you were allergic to mercury (or any of the other metals in the fillings).

And this: Both the ADA and the FDA say that amalgam fillings that contain Mercury are not a significant health risk. There's a huge debate on the subject which is never good for someone trying to sue because that means there's as many people who will say amalgam fillings are safe as there are that will say amalgam fillings are not safe.

 

[fosing]

sorry to hear that, that sucks. sue that hack. he failed big time on the "informed consent" aspect alone. failing to correct that stupid mistake is outright negligence.
get some compensation. get his license revoked...damn if he doesnt have one.

dont take toothache mildly, that shat is close to your brain. i know somebody who didn't get checked til the last minute and turned out he was on the late stages of tetanus from a neglected tooth-decay. lock jawed and shat...he didnt make it.

 

[crows]

Your dentist is just trying to make money off of you then. Dentists can still use it and do. Replacing them is worse than keeping them, if you're not allergic.

That's what it sounds like right? the thing is, he said even if i do it with another person, even if I do it out of state, out of the country, he advised that I had them removed

At first I also thought he just wanted money, but he keeps insisting that those fillings are not good for you and that I need to get that fixed even if I have to travel to get it done for cheaper.
He says those fillings are not safe to have. they can create problems later on

 

[crows]

sorry to hear that, that sucks. sue that hack. he failed big time on the "informed consent" aspect alone. failing to correct that stupid mistake is outright negligence.
get some compensation. get his license revoked...damn if he doesnt have one.

dont take toothache mildly, that shat is close to your brain. i know somebody who didn't get checked til the last minute and turned out he was on the late stages of tetanus from a neglected tooth-decay. lock jawed and shat...he didnt make it.

wow oh my god! did he have any symptoms? that sounds really scary

 

[The Ween]

That's what it sounds like right? the thing is, he said even if i do it with another person, even if I do it out of state, out of the country, he advised that I had them removed

At first I also thought he just wanted money, but he keeps insisting that those fillings are not good for you and that I need to get that fixed even if I have to travel to get it done for cheaper.
He says those fillings are not safe to have. they can create problems later on

You'll just be exposing yourself to even more mercury in taking them out. The recommendations from the FDA are if you aren't allergic, leave them alone unless you lose a filling or they crack or something.

But he is crazy that dentists can't use them anymore. They haven't been banned.

 

[kinqcuonq]

To the OP, first of I don't know the whole history or the relationship between you and your dentist or how he/she treated you but I want to try and help answer some questions without taking any sides.

It might be difficult to make a case against your dentist if you didn't know you had an allergy to mercury and if your dentist did ask you about allergies and you reported none. It would be unfair to hold a doctor accountable for, say, the antibiotics they prescribed to you if you had an allergy to penicillin but you were not aware of or did not tell them. However, if you felt the dentist did unnecessary dental work then you may have a case for that. If your teeth had no issues (decay, etc) yet he/she proceeded to perform procedures telling u that it will cure you of your symptoms then that is unethical. Now, it may be you had these symptoms and the dentist also saw you needed dental work done as well that the he/she felt taking care of these "cavities" may alleviate the symptoms you were feeling. Oral facial pain manifests itself in many ways and varies from individuals. Whether or not the dentist should have referred you to a specialist sooner based on the severity of the symptoms, I can't say as I was not there doing the examination. Speak to your dentist first if you have any concerns and see if he/she can address any questions and doubts before you decide to take legal action.

To others wondering about mercury. Trace amount of mercury are found in dental "amalgam" restorations, the silver fillings that everyone is familiar with. They are still widely used today in dentistry and still taught in every dental school in addition to the resin based composite restorations, the tooth colored fillings. Mercury is released when the material is being placed and especially when it is removed (which should all be done with the use of a rubber dam). So I would heed caution if your dentist recommends removing all amalgam restorations in favor of composite restorations if their sole reason is its "bad" for you. The silver fillings in our mouths do not continuously release mercury into our bodies and the amount of mercury in them are actually harmless. Amalgam have been around for many years well before composite was even invented. There is a huge debate on the topic and you'll find many websites arguing for both sides. However, I urge you to look at the many researched based and scientifically proven articles and both the ADA and FDA that deem them harmless.

To sum it up, your dentist should always offer both types of restorations and explain the risks and benefits of both. I always take the time to thoroughly discuss and educate my patients about any treatment options I offer or even don't offer and the pros and cons of each so that together we can decide what is most appropriate for their oral and overall health given their temperament, circumstances, and objectives of treatment.


Sent from my iPad using Tapatalk

 

[fosing]

To the OP, first of I don't know the whole history or the relationship between you and your dentist or how he/she treated you but I want to try and help answer some questions without taking any sides.

It might be difficult to make a case against your dentist if you didn't know you had an allergy to mercury and if your dentist did ask you about allergies and you reported none. It would be unfair to hold a doctor accountable for, say, the antibiotics they prescribed to you if you had an allergy to penicillin but you were not aware of or did not tell them. However, if you felt the dentist did unnecessary dental work then you may have a case for that. If your teeth had no issues (decay, etc) yet he/she proceeded to perform procedures telling u that it will cure you of your symptoms then that is unethical. Now, it may be you had these symptoms and the dentist also saw you needed dental work done as well that the he/she felt taking care of these "cavities" may alleviate the symptoms you were feeling. Oral facial pain manifests itself in many ways and varies from individuals. Whether or not the dentist should have referred you to a specialist sooner based on the severity of the symptoms, I can't say as I was not there doing the examination. Speak to your dentist first if you have any concerns and see if he/she can address any questions and doubts before you decide to take legal action.

To others wondering about mercury. Trace amount of mercury are found in dental "amalgam" restorations, the silver fillings that everyone is familiar with. They are still widely used today in dentistry and still taught in every dental school in addition to the resin based composite restorations, the tooth colored fillings. Mercury is released when the material is being placed and especially when it is removed (which should all be done with the use of a rubber dam). So I would heed caution if your dentist recommends removing all amalgam restorations in favor of composite restorations if their sole reason is its "bad" for you. The silver fillings in our mouths do not continuously release mercury into our bodies and the amount of mercury in them are actually harmless. Amalgam have been around for many years well before composite was even invented. There is a huge debate on the topic and you'll find many websites arguing for both sides. However, I urge you to look at the many researched based and scientifically proven articles and both the ADA and FDA that deem them harmless.

To sum it up, your dentist should always offer both types of restorations and explain the risks and benefits of both. I always take the time to thoroughly discuss and educate my patients about any treatment options I offer or even don't offer and the pros and cons of each so that together we can decide what is most appropriate for their oral and overall health given their temperament, circumstances, and objectives of treatment.


Sent from my iPad using Tapatalk

that right there is informed consent. covers disclosure, capacity and voluntariness. :]

 

[Blackthornone]

Silver amalgam fillings are 51% mercury. It's not trace. The myth is that after the fillings solidify, the mercury doesn't leach out.That's false. The World Health Organization recognizes this. Mercury is a known neurotoxin.

Silver amalgam fillings helped make dental work affordable for the average person because before that, it was only gold, and few could afford it. It's mainly tradition and the fact that most dentists don't want to ever admit that there was ever anything really wrong with amalgam, because that would open them up to liability.
The ADA in general does not admit to any real problems with amalgam, because otherwise they would face too much liability.

Composite fillings are better, because they don't involve removing as much tooth material. Composites bond to the teeth, whereas amalgam has to fill a void. The more tooth material there is, the stronger the tooth is, and the longer it will last throughout your life. Amalgam filling teeth don't last as long. Of course then the dentist offers root canal.

I don't know how much luck can be had by suing, because in medicine, so long as the doctor met "the standard of care" he's not guilty. You have to prove malpractice which is that he deviated from the official standard of care in order to have grounds to sue. That is my understanding.

As far as the mercury, there are dentists who specialize in mercury removal, even with specially shaped rooms to catch the vapors the best.

I think there are treatments that help to chelate the mercury out of the body.

By the way, for those who say the amalgam isn't toxic, by law, the dentist must put removed fillings in little containers labeled hazardous waste and then disposed of by a special service, and not just thrown in the trash.
Makes you think.
I had quite a few mercury fillings and while I thought I was ok, after I had them all replaced I felt much better without realizing that the fillings made me feel more tired and fatigued. I had more energy and get tired less after the amalgams were removed from my mouth.

Amalgam fillings do leach mercury vapor even after in the mouth, and amalgam fillings do wear down, and guess where that amalgam that wears down goes? In your stomach with the food you chewed or worn off by grinding or biting teeth together. Very small particles of mercury ingested with the food. There is no way that can be safe.
Fillings wear out. Ok. But most people don't bother to ask where the mercury went?
It didn't disappear by magic. It got in your stomach, your blood and your other tissues likely your brain.

 

[Blackthornone]

You'll just be exposing yourself to even more mercury in taking them out. The recommendations from the FDA are if you aren't allergic, leave them alone unless you lose a filling or they crack or something.

But he is crazy that dentists can't use them anymore. They haven't been banned.

It's true that removing amalgam fillings can expose a person to a high amount of mercury during the procedure. Special care must be taken. Vacuums to suck the vapor out of the mouth continuously while working as well as other things. It's more than just the little spit suction tube. I know there are dentists who specialize in mercury removal. One with a high recommendation who does it would be my only choice.

 

[crows]

Silver amalgam fillings are 51% mercury. It's not trace. The myth is that after the fillings solidify, the mercury doesn't leach out.That's false. The World Health Organization recognizes this. Mercury is a known neurotoxin.

Silver amalgam fillings helped make dental work affordable for the average person because before that, it was only gold, and few could afford it. It's mainly tradition and the fact that most dentists don't want to ever admit that there was ever anything really wrong with amalgam, because that would open them up to liability.
The ADA in general does not admit to any real problems with amalgam, because otherwise they would face too much liability.

Composite fillings are better, because they don't involve removing as much tooth material. Composites bond to the teeth, whereas amalgam has to fill a void. The more tooth material there is, the stronger the tooth is, and the longer it will last throughout your life. Amalgam filling teeth don't last as long. Of course then the dentist offers root canal.

I don't know how much luck can be had by suing, because in medicine, so long as the doctor met "the standard of care" he's not guilty. You have to prove malpractice which is that he deviated from the official standard of care in order to have grounds to sue. That is my understanding.

As far as the mercury, there are dentists who specialize in mercury removal, even with specially shaped rooms to catch the vapors the best.

I think there are treatments that help to chelate the mercury out of the body.

By the way, for those who say the amalgam isn't toxic, by law, the dentist must put removed fillings in little containers labeled hazardous waste and then disposed of by a special service, and not just thrown in the trash.
Makes you think.
I had quite a few mercury fillings and while I thought I was ok, after I had them all replaced I felt much better without realizing that the fillings made me feel more tired and fatigued. I had more energy and get tired less after the amalgams were removed from my mouth.

Amalgam fillings do leach mercury vapor even after in the mouth, and amalgam fillings do wear down, and guess where that amalgam that wears down goes? In your stomach with the food you chewed or worn off by grinding or biting teeth together. Very small particles of mercury ingested with the food. There is no way that can be safe.
Fillings wear out. Ok. But most people don't bother to ask where the mercury went?
It didn't disappear by magic. It got in your stomach, your blood and your other tissues likely your brain.

yeah, exactly.


I do feel kind of worried because of the ones i have, i think mine are wearing out. kind of scary if you can't afford to get them removed properly

 

[Devil_666]

Mercury is a known neurotoxin.

Yeah.. but at levels no one will ever be exposed to with amalgam fillings.

Amalgam filling teeth don't last as long.

They last twice as long as composite filled teeth. BOOOOOM.. facts.

for those who say the amalgam isn't toxic, by law, the dentist must put removed fillings in little containers labeled hazardous waste and then disposed of by a special service, and not just thrown in the trash.

You know what else by law, has to be put into little containers labeled hazardous waste and then disposed of by a special service, and not just thrown in the trash? Syringes. It's called "Safety Measures".

I had quite a few mercury fillings and while I thought I was ok, after I had them all replaced I felt much better without realizing that the fillings made me feel more tired and fatigued. I had more energy and get tired less after the amalgams were removed from my mouth.

Placebo effect. Not to mention you probably thought the amalgam fillings were interfering with your Tin Foil Hat's power of blocking out Government and/or Alien signals.

Very small particles of mercury ingested with the food. There is no way that can be safe.

And yet.. it is. Unless you're allergic to Mercury. Weird, right?

Fillings wear out. Ok. But most people don't bother to ask where the mercury went?
It didn't disappear by magic. It got in your stomach, your blood and your other tissues likely your brain.

Likely YOUR brain cuz you is Kray-Kray. No one is saying that the Mercury in amalgam fillings is "Good" for you. But unless you're specifically allergic to it, to claim that the Mercury in amalgam fillings is "Bad" is unfounded and opinion. Lots of people have had/have them and have absolutely no problems. But I'm sure you'll throw out the "they did, they probably just didn't know it was due to the evil amalgam" response.

 

[The Ween]

If I have mercury poisoning, it's from all the Lake Erie perch I've eating since I was a kid.