Malpractice claim - no court?
I’ve had a series of dental procedures and am now in quite a lot of pain and with a diagnosis of TMJ that my doctor believes was caused by the dental procedures. I would like fair compensation for my medical expenses and pain and suffering. But I am hesitant to engage a personal injury lawyer. I don’t want to deal with court or feel exploitative, I just want a settlement from the dentist’s insurance. Is this possible? Any advice about who to talk to or what avenue to pursue would be helpful.
Thanks.
Feb 3, 2024
Parent Replies
If your total damages are less than $12,500, you might want to consider filing in small claims. While it is technically still "court," small claims is a lot less formal than a "normal" civil court proceeding. For one thing, you represent yourself and explain your case to the judge in plain English (although you can certainly make legal arguments if you want). Also, in Alameda County at least once you are in the small claims system you have the option of going to a mediator, which can often resolve matters without ever even really arguing to a judge. It could be worth looking into. The Alameda County Superior Court has a Self-Help Center that can give you more information about small claims (although they're not allowed to provide legal advice). Web page here: https://www.alameda.courts.ca.gov/self-help
I'm very sorry to hear that. A couple of years ago, a doctor missed diagnosing me with appendicitis, which led to a ruptured appendix and two hospital stays. When I complained, the doctor agreed to reimburse me for my out-of-pocket max that year, without me ever getting a lawyer involved. That said, my suspicion is that there will need to be fairly direct causality for them to be willing to pay you...
I had the same thing happen to me.Dentists stick together and unless you can find a dentist willing to say on the record that they think another dentist caused this,you will not get anywhere.If you can,and you can find a lawyer willing to take your case-it will be a contingency where they take a third and you keep the rest.I spend a year and a half seeing different dentists for tmj and not getting relief.Finally I got a crozat and then a May splint which helped a lot but that dentist has retired.I heard that Jennifer Buchanan in Marin is supposed to be good for TMJ problems from the dental office I went to where my dentist retired from.It may not be worth aggravating yourself with trying to collect from your original dentist as the odds are against you.I wish you luck and hope you find relief soon
Speaking as a healthcare provider, though never directly involved in a lawsuit, it's unlikely you will receive compensation or a settlement without at least filing a lawsuit. It's certainly possible you would be offered a settlement rather than going to court if you filed a lawsuit. There is little incentive for dentist/physician/malpractice insurance company to pay just because someone says they think they have been wronged. If so, this would happen all the time. After all, many people suffer unintended, bad outcomes and many are not the result of medical negligence (not weighing in on whether this is the case for you, to be clear). So, they would need to be compelled to pay. The settlement would come if they think the case has sufficient merit that would risk an even bigger payout if it went to a jury. So, if you think your provider was negligent and/or failed to meet the standard of care for dental practice, you would likely be best served by consulting with a malpractice attorney. Be aware, though, that the attorney wants the juice to be worth the squeeze, and thus you should be prepared to be turned down if they think your case as insufficient merit or low likelihood of winning a settlement/court case.