A brand new dental bridge broke after 5 months. I went back to the dentist. He did x-rays and told me my teeth were infected and needed to be pulled to be put into a denture. I have proof my teeth were not infected. He provided oral sedation illegally and took all of my teeth, leaving me with an infected implant.
He pulled my teeth because it was cheaper for him to provide me with a denture rather than a new bridge. I have notes stating that he did the procedure due to my financial situation. I became bed ridden and very sick because the infected implant took over my whole body. I got a staph infection from his invasive surgery.
I had to have the infected implant cut out of my upper jaw after a year and a half of being treated by an ENT for a Staph Infection. I have never been the same. I am now disabled and unable to hold a job. I filed the case within a year and he responded with a demurrer stating I didn’t file within the statue of limitations. I did.
An attorney drew up the court case for me, but backed out last minute due to his work load. The dentist subsequently had his license revoked by the dental board. I had to endure 8 dental surgeries to remove implants that he randomly put in after he removed my teeth.
My jaw is not deteriorating and the denture needs soft alignment every month. I have TMJ now. I also have periodontal disease as shown by a CT scan. I need help responding legally to his demurrer. I have the proof of what he did. He took my chart when he sold his business because he knows he did me wrong.
I am very upset over this whole situation, but I have proof that he did me wrong. Where do I go from here? The judge said he and I are to get together to figure this thing out because we don’t have representation.
Can I get help from anybody? I am in no state to go to legal libraries. I have no money, and I lost my job because I was so sick and I have never been able to return. What can I do? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
At this point you have two (2) apparent options:
First: Seek out several additional personal injury attorneys. You may find one who will agree to represent you. Fortunately, most injury attorneys do not charge for initial office consultations. Moreover, if you find an attorney to accept your case, you won’t have to pay the attorney any amount until, and unless the attorney settles your case, or wins it at trial. This is referred to as a Contingency Fee.
Second: In the event you can not find an attorney to accept your case, consider filing a small claims lawsuit against the dentist at the Palm Springs Courthouse in Riverside County, located at:
3255 E. Tahquitz Canyon Way Palm Springs, CA 92262
California Small Claims Courts have an exceptionally high jurisdictional limit for small claims cases. In California, you can sue a person for an amount up to $10,000.00.
Better yet, most counties offer Small Claims Court Advisory Services free of charge. A Small Claims Court Adviser can assist you with the preparation of your case. To have access to an Advisor, contact a staff member at the Palm Springs Courthouse in Riverside County. The staff member can give you the contact information you need to meet with an advisor.
If you prevail after filing your small claim lawsuit, you are entitled to recover from the dentist the following:
– The lawsuit filing fees
– Costs and fees required for notifying the dentist
– Fees for witnesses or for the service of subpoenas
– Lost wages, costs of travel to and from the courthouse, and other reasonable expenses you incurred in pursuit of the case
In California, the statute of limitations for filing a lawsuit in Small Claims Court is one (1) year. This means you must file your lawsuit within one (1) year after the date of the injury. If you fail to settle your claim or file a lawsuit within the requisite period, you will lose your legal right to pursue the dentist for the above damages.
Learn more here: Filing a Dental Malpractice Lawsuit
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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