What are my rights regarding a misdiagnosis?

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What are my rights regarding a misdiagnosis?

My dentist treated me for almost 4 months for what he diagnosed as oral thrush. When it did not get better I demanded a referral to an oral surgeon. He said I would be wasting my time and the oral surgeons time but I insisted and he gave me a referral. I went to the surgeon and he did a biopsy and the results were Stage lV cancer of the upper gums and hard palate. I had surgery a few weeks ago which included right side neck dissection, excision of 50% of upper gums and removal of most of my hard palate and teeth. Can I sue?

Asked on December 11, 2013 under Malpractice Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Medical / dental malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical / dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit for negligence against the dentist, it may be possible to settle the case with his malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include the dental bills, dental reports (especially the report from the oral surgeon) and documentation of any wage loss).  If you have been released by the oral surgeon upon completion of yoiur treatment or have been declared by the oral surgeon to be permanent and stationary (which means having reached a point in your treatment where no further improvement is anticipated), obtain all of your medical / dental bills, dental reports and documentation of any wage loss for filing your claim with the dentist's malpractice insurance carrier.

Compensation for the medical / dental bills is straight reimbursement.  The dental reports will document the nature and extent of your condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the dental / medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the dentist's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the dentist's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dentist.  If the case is NOT settled with the dentist's malpractice insurance carrier, your lawsuit for negligence against the dentist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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