Re: Making a tough decision

From: Joel M. Eichen, D.D.S. (joeleichen_at_yahoo.com)
Date: 07/28/04 

Date: Wed, 28 Jul 2004 07:57:26 -0400

On Wed, 28 Jul 2004 11:43:08 GMT, "Jean Staffen"
<jstaffen@austin.rr.com> wrote:

>I have the full set of x-rays, including the x-ray of the broken tooth taken
>after the extraction and showing the broken tooth. The fact of the broken
>tooth is not the question. The question is this: Is it malpractice to
>leave the tooth in there

No, as long as you were notified of same.

> and should I have been charged full price?

I say no. Your dentist says yes. This is a gray area. Its a contract
dispute, not a malpractice dispute.

Malpractice is not a BAD OUTCOME. Malpractice (BAD-practice) means not
conforming to accepted standards in that geographic area and in that
time.

A contract is a contract. It could be argued that the fee was for
"tooth removal" which was only partially done.

My roofer only put down tar and tiles on 3/4 of my roof. Should he get
full payment? My auto mechanic only aligned 50% of my front wheels.
Did he align my front end?

JOEL

> The
>second dentist said it was NOT unusual to break off a tooth during an
>extraction. He didn't say whether it was common practice to leave the tooth
>in there. Who do you suggest I write the letter to? To the dentist who
>broke the tooth or to the licensing agency?
>
>
>
>
>"Joel M. Eichen, D.D.S." <joeleichen@yahoo.com> wrote in message
>news:io1fg0hl3hlbi49q8t3vq1u9mlmihsp180@4ax.com...
>> On Wed, 28 Jul 2004 02:49:06 GMT, W_B <no_one@nowhere.net> wrote:
>>
>> >On Wed, 28 Jul 2004 02:01:13 GMT, "Jean Staffen"
>> ><jstaffen@austin.rr.com> wrote:
>> >
>> >>I am in Austin, Texas - my state capitol - and the State Board was the
>first
>> >>place I called. I asked to speak with a dentist because I wanted to ask
>> >>him/her if leaving parts of a broken tooth inside a cavity was par for
>the
>> >>course. The gal who answered the phone said, "Do you think we have a
>> >>dentist sitting around here waiting for you to call and ask a question?"
>> >>That's when I made an appointment with a dentist and paid him to tell me
>if
>> >>I'd gotten the treatment I paid for at the first dentist.
>> >>
>> >>This has been a nightmare all around.
>> >
>> >
>> >While it may be impossible to tell if bone grafting and
>> >alveoloplasty was performed, if residual root tips were
>> >left these would show on X-ray.
>> >
>> >You can still file a complaint with the State Board
>> >but I doubt that any action would be taken.
>> >I could be wrong of course.
>>
>> STEP ONE: Outline your grievance in a letter, return receipt
>> requested.
>>
>> STEP TWO: Send it.
>>
>> STEP THREE: If ignored, threaten legal action.
>>
>>
>>
>

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