Legal Question in Personal Injury in Maryland

I recently found out that a doctor who performed surgery on me back in 2006 was not licensed.

The surgery was performed at the office of my former dentist (i'll call dentist #1) I can't believe that my surgery was performed by someone who was not a doctor or that my former dentist who has a license allowed someone w/o a medical license to treat patients at his office. This unlicensed person was allowed to handle my treatment from beginning to end. He performed my exam, did my xrays, performed surgery on me, write me a prescription and followed up with me.

I stopped going to the office of dentist #1 in 2008 because of they're unwillingness to address the problems i was having w/ pain around the area of the surgery and other issues for more than a year after the initial procedure. It was in 2008 that I also switched to another office (i'll call dentist #2). After confirming that the initial surgery performed @ the office of dentist #1 was done absolutely wrong and improperly, dentist #2 treated me for a severe infection that developed in the area of the initial procedure and spread throughout my sinus cavity and also performed the necessary corrective surgery.

I was in shock that this dentist lied and had me believing that his associate was a real D.D.S. I went back to the office of dentist #1 to confront the doctor who owns the place. I was rudely greeted by his all woman staff who insisted that i was a problem patient and a liar. After telling me it's just my tough luck that this happened, they gave me some legal advice by stating that it's been more than 3 yrs and that my statue of limitation is up and, if i'm thinking about a lawsuit, just go ahead. I didn't expect legal advice from a dental practice but here's my take on it.

Dentist #1 is latino. I'm mentioning this because he had a practice in his homeland and may be use to behaving this way but I'm sure at some point before getting his med license here, he understood that this behavior isn't allowed here in the States.

I read about a case like this some years ago in New York against a guy who was pretending to be a doctor and prosecuted for performing surgical procedures on people many years ago.

So i have to ask, Who's responsible?

What is the statue of limitation in a situation like this because it has been more than 3 yrs?

The other guy who operated on me while unlicensed in 2006 left Maryland and now has his own dental practice in PA.

Do i have any recourse against him for his past behavoir?

It's obvious that dentist #1 surrounds himself with people who will protect him but since what he did was and still is illegal i'd like to know do i have any recourse against his practice?

Would i have to ask that criminal charges be pressed against both individuals to take my complaint to civil court?

I'm a resident of Maryland. I plan on reporting both dentist to my state dental board and also the dental board in PA?

If i do this will either dentist have to face criminal charges and will their licenses also be suspended?

i'm not sure what area of law this falls under, please keep that in mind when responding


Asked on 8/01/11, 8:11 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your case is probably stale now due to limitations. The law says that you must file suit within 3 years of the date the injury was or should have been discovered. You stated that you began having problems some time not long after the '06 procedure, although you apparently didn't go back to your original dentist about it until '08. A court would probably find that the statute began to run no later than when you first went back to the dentist after the surgery and complained of problems. Also, while the lack of licensing is certainly an issue to take before the dental boards and may also be the basis for criminal charges, it doesn't necessarily support a cause of action for malpractice. An expert, possibly dentist #2, would have to testify as to how the conduct of the initial surgery failed to meet the appropriate standard of care. You should have sought advice from an attorney experienced in malpractice cases after your corrective surgery was performed.

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Answered on 8/02/11, 7:16 am


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