Legal Question in Medical Malpractice in Michigan

I am seeking a lawyer and wondering what cases you undertake. The basis of my complaint are as follows:

My previous dentist performed several fillings, root canal, crown etc. on my teeth the entire year of 2007. After several of these things were done my teeth still felt uncomfortable When I address them to her she said that because I had many services performed I may feel different but they will go away. Of course I had a great job with good insurance at the time. When I became terminated from my job and still had issues with my teeth she would not see me. Then she proceeded to claim that I owed her a balance of 600.00. I refused to pay that since she wouod not warrant her work. When she tried to bill the insurance again, she was aware that my insurance terminated with my employment and became furious. She then started leaving notes on my front door for all my neighbors to see as well as sending several persons by my home asking for me. I had moved and she had not knew my whereabouts. She then put in a garnishment with the state to take my taxes this year and she received her money. however, now I have to have to have oral surgery for a wisdom tooth she placed a filling in and billed for it that has fallen out. My new dentist claims that they have to re-do all of the work she performed and I have a new dental plan of 2500.00. I do not have insurance to cover this or the oral surgery of 700.00. She also sent over my dental records to the new dentist as "bad Debt" next to my name and the new dentist now refuses work on me unless I pay in advance.

Now from what I have learned, she has cases here of defamation of character/blasphemy, as well as doing poor work and causing me the pain and suffering of having to do this all over again. The new dentist says there are 22 fillings that will need to be re-done in addition to the Oral Surgery of 700.00 cash that I cannot afford. I would like to sue her for the cost to have these severices re structured as well as pain and suffering. I will need to have the tooth carved out of my mouth with the possibility of loosing my front teeth as well as jaw breakage. Any dentist knows not to fill a rotten wisdom tooth instead of recommedning it be pulled. I believe she did this on purpose to keep me coming back and getting my insurance money. She is a very cocky dentist that believes she is the best and no one can do anything to her. There has to be something that can be done.

Im not sure what kind of lawyer would handle this, not sure if this is considered Malpractice or if I can go to small claims court.


Asked on 4/13/10, 4:44 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

It is highly doubtful that you would have a malpractice case for many reasons. First, the statute of limitations on each act of maractice is two years from the date of the occurrence. The statute of limitations has run on most all alleged acts of malpractice. Second, there are many things that are judgment calls. Simply because one dentist would do things differently does not mean you have a malpractice case. The dentist you are accusing would have had to do things that no reasonable dentist with similar training and experience would have done. You need to get another dentist familiar with how dentistry is practiced in your state to testify that the first dentist committed malpractice. A review of your records and the issuing of an opinion would cost many thousands of dollars. A lawyer experienced in this field would likely not want to invest the potential tens of thousands of dollars that this case would take to work up. I would bet that your new dentist will not testify against the old dentist. While I don't doubt that much of your treatment was guided by the fact that you had insurance and dentist #1 had a paying patient, that would be exceedingly difficult to prove. William S. Stern

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Answered on 4/18/10, 6:21 pm


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