Legal Question in Medical Malpractice in Illinois
Last year, my mother had dental surgery and dentures put in. The dentist was well aware that my mother is very emotionally sensitive when it comes to her teeth. During her last appointment in July 2013 (she has not returned), the dentist did not seem to schedule a long enough time window during the day of fitting her permanent dentures - this is a long process. He had basically put the dentures in and did not even attempt to adjust it much because he had another patient coming in. My mother said it was very uncomfortable, and she could not go home like this because she would not even be able to eat. He was trying to send her home and my mother took out the permanent dentures and asked for the temporary ones back - just for now because she could not function with the permanent ones unless further adjusted. The dentist went off on her, yelling things such as "Do you remember what you looked like before you came to me?!", amongst other unprofessional statements, completely putting her down. My mother did not know what to say, as she sat nearly silently. He made other remarks at the top of his voice telling her how hard he worked and he was done with her. He told her he would give her half of the money back and she should go somewhere else because he did not want to deal with her anymore. My mother left in tears and did not return. She had been trying to find other dentists for months, but they would not take on the case. When she contacted the dentist in regard to this, the office stated that they had been expecting her to come back, but now the dentist is refusing to take her case again, telling her once again to go somewhere else. Keep in mind, my mother did not do anything! She just did not like the way the denture was fitting and was upset about it but did not raise her voice! My mother inquired about the money, that she still had not received. He said he would only refund her about 1/7 of the money, not half of the amount as he had yelled at the top of his lungs to her at the last appointment. She did not use dental insurance. My mother basically put all of the money she had into this dentist, only to be in worse condition than beginning. The dentist is refusing to take on her case, and refusing to refund even half of the money that he had mentioned at the last visit. She did not even receive the permanent dentures, she left them at the office during her last visit. Amongst all of this, she is emotionally traumatized and has been dealing with anxiety and depression since the event happened. The office and dentist show no sympathy whatsoever and do not seem to care what they did to my mother physically, emotionally, mentally, and financially. Is there any advice you could give on this situation? How is it possible for a dentist to not finish their job, refuse to see a patient, and refuse to refund an adequate part of the money (around $15,000). It is basically like she gave away the money for free. How about the emotional aspect of all this? The dentist was emotionally abusive, and the things he said should have never been said to anyone ever. It has affected her so much and I really need some advice. I feel so lost and don't know if there's any way to deal with this. I appreciate any help you can provide. Thank you so much for your time in advance.
1 Answer from Attorneys
Immediately, your mother should go and get a copy of her medical records from the dentist (allf of it--she may have to pay for a copying fee) along with the denture for which she has paid and then go shop for another dentist. Meanwhile, have her contact my office so as enable me to speak to her directly and see what it is that can be done about the rest of her potential damages.
Thanks.
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