Dental Malpratice Lawyer

NO

NO. If there is no recovery or settlement you owe nothing to the attorney.

The attorney’s fee in New York State for medical (and podiatric and dental), malpractice cases is defined by statue and is referred to as a “decreasing sliding scale.” The scale starts at 30% of the net (net is the total recovery less expenses) recovery, up to $250,000. For that portion of the recovery over $250,000 the attorney’s fee decreases to 25%, then 20%, etc.

The “statue of limitations” in New York for medical (and podiatric and dental) malpractice cases is generally two years and six months from the date of the malpractice. However, there are exceptions to this general rule. In some cases the time limit starts later than the date of the actual malpractice. In some cases a shorter time limit applies as with medical malpractice committed at a municipal hospital. Only a knowledgeable attorney can advise you as to which time limit applies to the facts of your case.

Generally, yes. Every medically related record relevant to the case has to be collected and reviewed including hospital, doctor, physical therapy and pharmacy records, and x-rays (radiology).

Yes, you have the right to obtain a copy of your records and x-rays. New York State published a very informative booklet on this. Go to this website

 

When you ask for your hospital records (or any record for that matter) you need to make sure you ask for, and receive, the entire record. Many times hospitals, physicians and dentists do not provide the entire record but instead give you only an “abstract” which is usually worthless since it contains incomplete information. Almost without exception, the complete medical record is needed for your malpractice case. But there is more on what is the “complete” record – read the question on digital medical records.

Generally, yes. But remember – many dentists who tell their patient they have a case do not know the legal standards necessary to prove a medical malpractice case. However, having your dentist’s support you in your case is generally helpful.

No. Always remember that no attorney can guarantee or predict the outcome of a case. Likewise, recoveries in similar cases cannot predict the outcome in your case.

In addition to contacting an attorney to represent you in a malpractice case you may want to file a compliant against the dentist. You do not need an attorney to do this. You will be asked to write a summary of what happened to you. This information is usually used only for the compliant you file with the State and usually is not used in your malpractice case. However, we believe that in some rare cases your compliant sent to the State may be discovered by the opposing lawyers in your case. Therefore, we advise that you consult with your attorney prior to filing the compliant with the State because what you say in your compliant may hurt your malpractice case.

To file a compliant against a doctor, go to http://www.health.ny.gov/professionals/doctors/conduct/

To file a compliant against another licensed professional (dentist, podiatrist, nurse, etc.), go to http://www.op.nysed.gov/broch2.htm.

A very helpful page for consumers and their rights with respect to physicians is on the NYS website at http://www.health.ny.gov/professionals/doctors/conduct/frequently_asked_questions.htm

Presently there is a tremendous push to create digital medical records (EMR = electronic medical records) and to convert older paper records into digital form. This applies also to MRI’s and x-rays. Frequently the records will be given to you on a CD, particularly MRI, CT and plain x-ray films. When a hospital record is digital, you will usually be given the complete record on a CD.

Dentists’ offices are going digital as well. The dentist’s notes will be made on a computer and many forms filled out by hand will be scanned into the computer too. But frequently these offices also maintain a paper file on you which they have not scanned into their computer and usually these offices do not give this to the patient. When we request a medical record from  a dentist, we make sure the paper records are provided as well.

Many insurance policies have provisions in the actual contract of insurance in which the company tries to attach a lien or claim for money against your lawsuit for a portion of the money your insurance may have paid for treatment of the conditions involved in the lawsuit. Many of these are not valid in New York State. You should not fill out those forms without first consulting with your malpractice attorney.

Everything!

• appointment cards
• hospital discharge forms
• insurance papers
• your calendar or whichever way you kept track of your appointments
• photographs
• emails
• crowns, implants, bridges, study models (molds)

Yes, it can. Defense lawyers are now focusing on getting into your social media accounts. Why? If you claim a serious injury and that it prevents you from doing certain activities, your Facebook pages – and photographs – may tell another story. We do not think you should use Facebook and the like for either your complaints or injuries about the care from the  Dr. or Dentist. You may have forgotten what you wrote or you may have written under extreme emotional distress or late at night. It may not exactly track what you will say later in a sworn deposition during your case.

If you write about social and athletic activities on social media, you must bring this to your attorney’s attention.

In many cases, photographs are extremely important so save all photographs even those on your cell phone. If you are going to take photographs of, for instance, your wound or ulcer, or anything else relating to your case, make sure your camera or cell phone’s date is accurately set so that the photographs are accurately dated.

Understand that emails will come out in your case so be very careful if you do this. If you think you might have a case against your dentist you should stop all emails with that doctor.

If your dentist is not helping you and she is not giving a good explanation why, you should get another opinion right away. When you see your second opinion dentist remember that everything you tell him might or might not get recorded in his record. Nevertheless, make sure you have a good understanding of your recent medical history so that you can give your new doctor accurate information with the hope it gets accurately recorded in his record.