Legal Question in Medical Malpractice in California

Abandoned by Dentist, Malicious Malpractice

My dentist is a GP but he also does orthodontics. I have braces and am supposed to get ortho tx once a month till tx is complete. My fiance used to work for his co. but was terminated because she refused to engage in fraudulent billing practices. She brought suit against them, which was quickly settled due to overwhelming evidence. As a result they will not see me because of her. Im was 6 mo into tx when this all happened, No other dds will take me as a patient mid case and my archwire keeps falling out and shreding my mouth, I know that unnessecary prolonging tx can lead to perio disease. They never formally dismissed me as a pt, or helped me find alternate dr,they wont see me on emerg basis. Also dr uses assistants to do work out of the scope of licencure, they wont give me a copy of my records and he has a history of falsifying documents..Please Advise


Asked on 2/03/04, 12:37 pm

1 Answer from Attorneys
JEB Pickett Wynne Law Firm

Re: Abandoned by Dentist, Malicious Malpractice

You have an absolute right under California Health & Safety Code � 123110 to obtain copies of your records. Demand copies by certified letter ASAP. Secondly, find a qualified orthodontist to continue your care immediately. Explain to them that you have been abandoned mid-treatment because of your fiance's termination of employment. While the old DDS may or may not be responsible for damages you incurr as a result of the abandonment, you are responsible to mitigate your damages by making every attempt to find treatment. Further, you need another DDS/Orthodontist to review your case immediately to make sure your treatment plan was and is appropriate. Only then could you determine the extent of a possible legal action, if any.

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Answered on 2/03/04, 1:17 pm


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