Legal Question in Medical Malpractice in New Jersey
Fake injury lawsuit
I am a dentist in the NYC area, specializing in periodontics. A few years ago, I saw a patient and extracted a lower premolar. It was totally uneventful. I saw him a few times after that for routine stuff, then he left the area. Six months ago (about a year after I last saw him), I get a demand letter from his attorney, saying he was still numb from the extraction! They had filed a lawsuit, alleging total numbness of the lip and tongue, even though this type of injury could not have occured from the extraction, since the lingual nerve is nowhere in this area. They even had him examined by an oral surgeon who specializes in nerve damage, who said the lip and tongue were indeed numb.
I fought the suit, and they abruptly dropped it when I told the plaintiff's attorney that I believed that the plaintiff had been anesthetized before being seen by the oral surgeon, since he had never claimed to be numb when I saw him after the extraction.
What are my options? If this guy did fake an injury and had a dentist participate in the fraud, what is the dentist's liability? How about the plaintiff's attorney, if he knew this was going on? I am so pissed right now!
1 Answer from Attorneys
Re: Fake injury lawsuit
I am sorry for what you have been through.
You presented your question to NJ attorneys. From the facts you presented, I presume that when you indicated you practice in the NYC area, you meant NJ, other wise this question should be presented to an attorney in the state in which you were sued.
The �options� under these circumstances, in general are NOT likely to provide satisfaction, but they include contacting the state authorities for possible prosecution, referral to professional boards (medical and legal) for ethical violations and civil prosecution (a lawsuit).
You should NOT initiate any of the above without engaging an attorney.
Your discussion of options should begin with an inquiry to the attorney who defended you in the underlying matter.
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