Legal Question in Medical Malpractice in Michigan
Dental Work
I finally had all my amalgam filings changed to ceramic (6 total) because they are very harmful. When I went to my last cleaning, I asked them what the dark area was at the base of some of my teeth. They told me it was metal. I was horrified because metal is harmful also. They put the ceramic on metal. I had no idea they were putting metal in my mouth. They never told me they were doing that. Apparently, there was an option to have ceramic on ceramic, but I was never told that. They just said most people usually choose ceramic on metal. They said that there was no note in my chart saying 'No Metal.' I said I had no idea they would put metal in my mouth, why would I say I didn't want metal in my mouth. Was I supposed to tell you I didn't want arsenic in my mouth also? Do I have any recourse?
1 Answer from Attorneys
Re: Dental Work
This same thing happened to me. I went to have a filling performed and the same day before the appointment I read an article about white porcelain fillings. When I went to the appointment, I asked my dentist whether I had a choice and he said he was planning on putting in metal. I said what about porcelain and he responded that was an option. I said, well, were you going to inform me of this option had I not said anything. His response was that since most people want metal, no.
Bottom line is that you need to find another dentist who will say that it was a breach of the standard of care to not inform you of the choice. There is a legal obligation to provide the patient information in order to allow them to provide "informed consent" to the procedure. What you will want to do however, is to tell your dentist of your concern and ask him to change it as you desire. In order to avoid a lawsuit, he should make the change. If he will not do so, then ask him for his insurer and he should come around.
I am a former medical malpractice defense attorney. If you have further questions, please visit my website at www.lawrefs.com.
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