Dental Surgery Mistake! (UPDATE)

[OceanAnnie]

I think you are asking all the right questions. I would wait to speak to the surgeon, get the hospital bill and see the amount (charge for more anesthesia and more time in surgery). If your insurance doesn't cover it, I think I would inquire about it with the surgeon.

I would probably get another opinion with a different surgeon, outside of your network. I'd just give the facts, (leaving out the name of the surgeon) about the procedure and what went wrong. Ask what ramifications to expect down the road. If it matches up with what you were told, so be it. If not, you will be informed.

I don't think what happened is protected by the consent forms. Accidentally pulling the wrong tooth is negligent.

 

[OceanAnnie]

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What the heck kind of insurance do you have??

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OP: Whatever he says - including his promise to do an implant - please, please get it in writing.. And if all of these x-rays are due to his pulling the wrong tooth, I would expect him to eat that cost..

Not sure what to do about the hospital bill.. I would at least try to negotiate with them - although I'm not sure where their responsibilty would be under these circumstances..

Good luck!

Good advice C.Ann.

 

[msjprincess]

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What the heck kind of insurance do you have??

I'm not handinpocket but I have Metlife insurance through work and it covers checkups, cleanings and x-rays twice a year

 

[OceanAnnie]

I would monitor the amount you may be responsible for above and beyond the
stated surgery time and the projected follow up. It may climb to a level that would be considered by an attorney.

I don't buy that you don't have a case if another doctor won't testify against the surgeon. Your child's records (both from the dentist's office and surgeon's office) should state which tooth was supposed to be pulled. You probably have documentation about the tooth that should have been pulled and the time allotted for the surgical procedure. The paper trail should suffice.

If the amount is significantly over your insurance coverage, I'd get a consultation with a different attorney.

 

[LisaNJ25]

I'm not handinpocket but I have Metlife insurance through work and it covers checkups, cleanings and x-rays twice a year

same here.. I figured that was the norm.

 

[lovetoscrap]

I have Metlife and only get xrays once every 12 months. And that is the way it has been on all my dental insurance plans.

I would seek some sort of cash settlement with this doctor's insurance company. (no idea how you do that) Even if you have it in writing that he will provide the later treatment it could be years down the road and he may no longer be in practice, may have reincorporated under a different corporation name, or just may not be around and that piece of paper would be worthless.

I would probably seek a consult with a dentist that has no connection with this guy for an opinion, and contact the state board that regulates dentists for advice on how to proceed. And you should have copies of all those consent forms so give them a read and see if "pulling WRONG tooth" is listed. I am betting it isn't.


ETA: was this done in a hospital? I am assuming it was? I would contact the hospital also.

 

[C.Ann]

I would monitor the amount you may be responsible for above and beyond the
stated surgery time and the projected follow up. It may climb to a level that would be considered by an attorney.

I don't buy that you don't have a case if another doctor won't testify against the surgeon. Your child's records should state which tooth was supposed to be pulled both from the dentist's office and surgeon's office. You probably have documentation about the tooth that should have been pulled and the time allotted for the surgical procedure. The paper trail should suffice.

If the amount is significantly over your insurance coverage, I'd get a consultation with a different attorney.

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I agree.. Keep very, very good records!
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As to the dental isurance covering x-rays? No dental insurance coverage in this household for anyone - and there was never dental coverage with my late DH's insurance either.. I think the only people that I personally know who have any kind of dental insurance are state workers - and I "think" teachers (not 100% sure on that)..

Dental x-rays twice a year - with no dental coverage - can be extremely expensive!!

Get that paper trail going, OP.. I would even start calling around everywhere right now - to the various dental offices, the hospital, etc., and requesting copies of every piece of paper they have.. When you talk to anyone anywhere, don't forget to write down the date, the time, and the person you talked to.. And most importantly, get any "promises" from that dentist in writing!!!

Best of luck..

 

[horseshowmom]

I have Metlife and only get xrays once every 12 months. And that is the way it has been on all my dental insurance plans.

I would seek some sort of cash settlement with this doctor's insurance company. (no idea how you do that) Even if you have it in writing that he will provide the later treatment it could be years down the road and he may no longer be in practice, may have reincorporated under a different corporation name, or just may not be around and that piece of paper would be worthless.

I would probably seek a consult with a dentist that has no connection with this guy for an opinion, and contact the state board that regulates dentists for advice on how to proceed. And you should have copies of all those consent forms so give them a read and see if "pulling WRONG tooth" is listed. I am betting it isn't.


ETA: was this done in a hospital? I am assuming it was? I would contact the hospital also.

I agree with this. If things don't progress at a reasonable rate, I would also consider filing a complaint with the Better Business Bureau.

 

[handinpocket]

same here.. I figured that was the norm.

It is the norm. Some dentists only do x-rays yearly, but most do BWX (checking for cavities between teeth) every 6 months. It is SOP.

 

[Jennasis]

It is the norm. Some dentists only do x-rays yearly, but most do BWX (checking for cavities between teeth) every 6 months. It is SOP.

Not at my dentist's office, nor at any I've ever gone to in either NY or NC.

 

[msjprincess]

Not at my dentist's office, nor at any I've ever gone to in either NY or NC.

I live in NY and have had a lot of dentists over the years. as long as I can remember it's been every 6 months. I usually only go once a year but my kids go every 6 months and everything is covered.

 

[Lisa loves Pooh]

Not at my dentist's office, nor at any I've ever gone to in either NY or NC.

Mine either. Bitesings were only one time per year and panoramics every 5.


As for the dentist that did the surgery...while there is risk with surgery, incompetence doesn't count.

I would consult another attorney to find out what your rights are. Not all cases have to end up in a courtroom.

Your dentist was incompetent. And your dd is entitled to any complications that result to be covered (in cost) by that dentist.

 

[handinpocket]

Not at my dentist's office, nor at any I've ever gone to in either NY or NC.

Your dentist may only do x-rays once a year but insurance companies will pay for BWX every 6 months and Periapical xrays whenever it is needed. I know this for an absolute fact. Very few ins. co. limit bwx and none limit periapicals.

 

[handinpocket]

Mine either. Bitesings were only one time per year and panoramics every 5.


As for the dentist that did the surgery...while there is risk with surgery, incompetence doesn't count.

I would consult another attorney to find out what your rights are. Not all cases have to end up in a courtroom.

Your dentist was incompetent. And your dd is entitled to any complications that result to be covered (in cost) by that dentist.

The dentist is willing to cover any complication (implant)...again...what the heck does the OP WANT???

 

[HLAuburn]

Thank you all for the advice.

What do you want the dentist to do? He seems to have gone above and beyond what is expected. The tooth will more than likely reattach and be fine. The part about doctors not wanting to testify against each other is a load, I have seen many doctors testify against corrupt doctors.


Also, x-rays every 6 months should be covered by your insurance co. That is standard preventative care at most dentist offices and is not too frequent.

My main question to you is once again, what do you expect the dentist to do? He already said he would do an implant if necessary (which is premature to even SPECULATE, which I'm sure he told you.)

Seriously?! What you see as "above and beyond" to me is covering his butt and doing the bare minimum he thinks will keep us happy. I'm guess he's a competent surgeon, but how can I let him do any procedure on my child knowing he's messed up once already? That would seen negligent on my part, IMO. He's been rude at times, coming up with excuses why this happened, and pretty much downplaying the whole situation and we've tried to be as rational and civil about this as possible (although I think DH wants to wring his neck!).

I need to double check, but I'm pretty sure that our dental insurance covers x-rays every 12 months. If that's the case, half of them won't be covered.

Anyway, thanks again for all the responses...I'm taking notes!

 

[Lisa loves Pooh]

The dentist is willing to cover any complication (implant)...again...what the heck does the OP WANT???

I'm getting the impression that dentist is attempting to mimize the impact of what he has done which can set up an opportunity that he won't cover an issue later on.

Im sure she wants to be able to trust him and he is failing to admit his mistake.


She needs to know what her rights are so that she is protected from him trying to escape any responsibility. I'm no dentist I'm not sure what complications could result. But him saying that those teeth would have had To be pulled eventually sounds like he is doing a CYA. Especially if there wasn't any speculation of this prior to the surgery.

 

[OceanAnnie]

Thank you all for the advice.



Seriously?! What you see as "above and beyond" to me is covering his butt and doing the bare minimum he thinks will keep us happy. I'm guess he's a competent surgeon, but how can I let him do any procedure on my child knowing he's messed up once already? That would seen negligent on my part, IMO. He's been rude at times, coming up with excuses why this happened, and pretty much downplaying the whole situation and we've tried to be as rational and civil about this as possible (although I think DH wants to wring his neck!).

I need to double check, but I'm pretty sure that our dental insurance covers x-rays every 12 months. If that's the case, half of them won't be covered.

Anyway, thanks again for all the responses...I'm taking notes!

I don't blame you one bit for wanting all of the expenses covered that were incurred from the surgeon's negligence. It would be absurd for you to take on the cost for anything (now or in the future) his negligence caused. You are being prudent and reasonable.

 

[Lisa loves Pooh]

Well---I guess I could have waited and just quoted your response.

Good luck. Keep excellent track of what is occurring.

Thank you all for the advice.



Seriously?! What you see as "above and beyond" to me is covering his butt and doing the bare minimum he thinks will keep us happy. I'm guess he's a competent surgeon, but how can I let him do any procedure on my child knowing he's messed up once already? That would seen negligent on my part, IMO. He's been rude at times, coming up with excuses why this happened, and pretty much downplaying the whole situation and we've tried to be as rational and civil about this as possible (although I think DH wants to wring his neck!).

I need to double check, but I'm pretty sure that our dental insurance covers x-rays every 12 months. If that's the case, half of them won't be covered.

Anyway, thanks again for all the responses...I'm taking notes!

 

[15isto2]

The dentist is willing to cover any complication (implant)...again...what the heck does the OP WANT???

I think the OP wants to ensure that her daughter does not suffer any detriment as a result of the dentists negligence. They may have agreed (verbally) to cover an implant but I do wonder what happens next year if the dentist moves state or drops dead or is struck off... I guess thats what the OP wants to be sure of

 

[Pea-n-Me]

what the heck does the OP WANT???

To preserve and protect her rights.