Monday, December 10, 2012

Dentist and the malpractice insurance they are required to carry. What is lawsuit protocol?

Q. I am in medical malpractice settlement negotiations with a dentist. Her insurance company was handling the negotiations, then the dentist license expired and the insurance company dropped the dentist. The dentist obtained a new policy from a new insurance company. Now the original insurance company has dropped out of negotiations. Is it possible that the original insurance company wants me to file suit against the dentist, and then the new insurance company will have to defend the dentist? Or, because the first insurance company received the initial settlement letter with notice of intent to sue, they will have to carry on and defend the dentist even though they no longer have the dentist as a client. Please clarify the typical procedure in this type of situation. Thanks a million! N.
Thanks for the info. I do have an attorney. But I do not want to sue and want to settle. The original insurance Co. made an offer, then we countered..then the Ins Co. dropped the dentist, and did not responded to the counter offer. SO, of course the attorney wants to sue cause he will make the big bucks. I want to settle because we were on track to settle. I just can't figure why the original insurance company would want to go to court unless they really don't care one way or another because the dentist is no longer a concern to them in the long run??? Tks. for you input.

A. You definitely need an attorney to work through this now. The dentist and the insurance company have dealt with you in bad faith. The insurance company probably did hope that you'd just go away. You aren't going to be able to fight this on your own, unfortunately. It's hard to say, without specialized knowledge of the laws in your area, to know who is responsible--the dentist, the old insurance company, or the new insurance company. Find a malpractice attorney who will work on contingency--don't pay an attorney anything up front.


What does it mean to have the dentist excavate and evaluate a tooth?
Q. I have a dentist appointment tomorrow and they told me it's an hour long appointment and they have to excavate and evaluate my bottom molar. What does this mean? I have really bad anxiety at the dentist so I am just trying to prepare myself for whats going to be going on. Can anyone help me figure this out??

A. Don't let this frighten you. Excavation can be a general term for cleaning the tooth prior to examination - removing tartar and plaque, that sort of thing. If this is a follow-up, it may mean they found a cavity and must remove (excavate) the decay before filling. By the fact that you said excavate and evaluate, I'm guessing this is a first visit and you expressed concern about the molar. So they are going to clean it and examine it and take it from there.

The best thing you can do is call your dentist's office back and ask them exactly what they mean. It will go a long way in helping you mentally prepare for the visit.


How much pain is associated with having a dentist pull a tooth?
Q. My dentist is going to pull my baby tooth (I'm 37 yrs old) and said that I will be able to return to work the same day. I assume that is because of the lack of root left on the tooth. But it just sounds so painful. I'm curious as to what the experience of others has been.

Thank you.

A. I really would not worry about the tooth being pulled. I know the word pulled sounds painful, but please do not worry. If you have a great dentist you shouldn't feel a thing...and afterwards you may have to bite on gauze for awhile but returning to work should not be a problem. (but it does work for a great excuse for a day of shopping!)


What is the difference between a night guard made by a dentist and one you buy in a store?
Q. I know the dentist night guard is a lot more expensive. But is it advisable to get that one over the other?

A. The difference is the one made by your dentist is called a functional appliance and the one that you get in a store is not. The functions of a night guard is to 1) protect the chewing surfaces of teeth 2) protect your facial muscles 3) protect your TMJ which is your jaw joint. A functional night guard has to be custom made so it replicates the contour of your natural chewing surfaces. So when you grind against the guard, your jaw is moving in a natural patent. A night guard should be about 2mm thick. when we are resting, our upper and lower teeth should be about 2mm apart. So the thickness of a good night guard would put your lower jaw in a natural relax position. That would prevent your chewing muscles from engaging fully and minimize pressure you apply on your TMJ.
Make sure the guard is made with hard plastic. Soft one would only encourage more intense grinding.





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