Legal Question in Medical Malpractice in New Jersey
one year ago,I underwent a sinus lift bone graft procedure at a periodontist recommended by the my dentist at that time. The first stage of the procedure,performed June 09 was to implant bone on the floor of the sinus cavity.
4-6 months later post are to be planted in the new bone.
Disappointed with the level of care I had gotten, I decided to find another doctor to complete the implants. In collecting my records, and reviewing the CT scans that were taken immediately before, and immediately after the first operation, it was very clear that the graft material was not properly placed, and the sinus floor was left with voids of no graft material, virtually guaranteeing a failure of future implants. She did nothing to correct this problem, and informed my dentist in a letter that the" procedure was uneventful,and I do not anticipate any complications".
I have the letter as part of my records.
To complete my records, today, I collected a copy of the graft material
some of which was used beyond the expiration date. My most recent scan now shows almost no trace of new bone, and a breach in the crestal floor. In laymen's terms, bone dissolves when there is no tooth there, and instead of new bone placed there, I now have a hole through to the gum tissue. I had a reasonable expectation that my procedure, would protect me from further "resorption" of the bone.
I feel i have grounds for a lawsuit, and would like to find someone who could hep me represent myself. I'm in NJ. Thanks
1 Answer from Attorneys
Even if you are a genius and a dentist, you REALLY should not try to represent yourself in any kind of malpractice claim. I went to college with, dated, and still have as close friends who are dentists. I hung out for years in the dental school, and I picked up a lot... I was planning on going to med school, but I decided to practice as a mechanical engineer, and forget med school. I have been practicing as an attorney for 13 years, and I have done dental malpractice litigation. NO attorney will help you with this, it is too risky. Trust me, you do NOT want to do this yourself, as the court can only give you so much leeway, and you WILL get in trouble if you try to handle this yourself. We are not talking about a basic contract here, there are many areas of the law that will come into play, and opposing counsel WILL litigate by intentionally making this as complex as possible, and you will not be skilled enough to combat those tactics. The med mal defense attorneys, are usually among the most experienced trial attorneys in the state! The idea of handling this yourself is REALLY crazy... Just my 2-cents...
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