Hi,
I would appreciate if any one could please let me know how to start
off with filing a law suit, if not filing a deposition(or whatever
paperwork) so that i dont loose out on the timeline requirements of
the law.

Here is what happend:
I went to a dentist for a Root Canal : Feb-03
Discovered she screwed up in : Feb-04

Now, Do I file the suit before 2 yrs from the date of the procedure,
or 6 months from the date of discovery?


And whatever I have to do as a priliminary work, Is there some paper
work I need to and can fill before i loose on the time stipulations?

Your help would be grately appreciated.

Thanks.

bhsriram@gmail.com (bhraju) wrote in message
news:<2k58e0hhr8g08a4f9rfldb5iri4cutv4dm@4ax.com>... Hi, I would appreciate if any one could please let me know how to start off with filing a law suit, if not filing a deposition(or whatever paperwork) so that i dont loose out on the timeline requirements of the law. Here is what happend: I went to a dentist for a Root Canal : Feb-03 Discovered she screwed up in : Feb-04 Now, Do I file the suit before 2 yrs from the date of the procedure, or 6 months from the date of discovery?

Whichever is later. You'd have until sometime around February 2005.
The six-month rule is for injuries discovered later, up to six years.
There are special rules that apply if you're a minor or your injury
was concealed by fraud.

There is a detailed summary of Michigan med mal law at
http://www.mcandl.com/michigan.html and a good article on what is or
isn't medical malpractice in endodontics (root canal work) at
http://pulps.creighton.edu/Courses/Seniors/Handouts/Risk%20Management%20Handout.htm

Root canal treatment doesn't always succeed. It's not malpractice just
because your root canal failed; there has to be some fault on the
dentist's part. Common faults include treating the wrong tooth, using
unapproved materials such as paraformaldehyde paste, breaking
instruments off in the tooth, perforating or fracturing the tooth, and
overfilling (the last, which can result in the mandibular nerve being
impacted, is especially nasty).
And whatever I have to do as a priliminary work, Is there some paper work I need to and can fill before i loose on the time stipulations?

There is a detailed statutory Notice of Intent that you must file at
least 182 days before taking legal action. If the notice is properly
filed, the statute of limitations is tolled (that is, the time isn't
counted) for 182 days.

Michigan also has mandatory mediation in med mal cases; if you don't
like the outcome of mediation, you can proceed to court -- but if you
don't then get a better result in court, you will end up owing the
other party's costs.
Your help would be grately appreciated. Thanks.

--
Not a lawyer,

Chris Green

bhraju wrote:
Hi, I would appreciate if any one could please let me know how to start off with filing a law suit, <snip>

Present the situation to an appropriately specialized attorney.

That's not a snarky reply. After all, you didn't try to do your own root
canal.
--
Gerald Clough
"Nothing has any value, unless you know you can give it up."

bhraju wrote:
[dental malpractice] Your help would be grately appreciated.
There are several different courts where you can file dental (medical or
tort) suits. There are so called 'small claims' courts which limit the
damage claims to somewheres from about $3,000 to $10,000 depending upon
jurisdiction. I'm not sure what your limit is, but a phone call to your
court will tell you in about 10 seconds.. These courts are called
magistrates, or small claims or metro or county courts or have similar
names. There you won't need a lawyer and these courts usually have clinics
where you can get advice specific to the court about how to file, how to
serve the dentist, what you need in way of evidence and generally how to
proceed. The only downside is that if you think and can prove your damages
are above the limit, you can't get more than the statuatory limit.

If you have greater damages, then you must move to the greater court. This
is no place for a pro se client (where you are your own lawyer) unless you
are very adept. That you are here asking very elementary questions labels
you as a person who should be represented by a lawyer if you have damages
greater than the small claims limit. So I suggest you need to decide. Find
out what the small claims limit is in your area. If your damages are at or
below that, then seek information from small claims. If not, then go to a
friend for a referral of a 'personal injury' or a medical malpractice
attorney. They usually will assess your case for free. If you can't get a
referral, then the Yellow Pages are your friend. Good luck.

-paul
ianal

Hi Chris,
Thanks for the info. Please see the inline comments for my reply.

cj.green@worldnet.att.net (Christopher Green) wrote in message
news:<flfle0hvkr0afut1p2pnsnqjhv0sa0uu7l@4ax.com>... bhsriram@gmail.com (bhraju) wrote in message news:<2k58e0hhr8g08a4f9rfldb5iri4cutv4dm@4ax.com>... Hi, I would appreciate if any one could please let me know how to start off with filing a law suit, if not filing a deposition(or whatever paperwork) so that i dont loose out on the timeline requirements of the law. Here is what happend: I went to a dentist for a Root Canal : Feb-03 Discovered she screwed up in : Feb-04 Now, Do I file the suit before 2 yrs from the date of the procedure, or 6 months from the date of discovery? Whichever is later. You'd have until sometime around February 2005. The six-month rule is for injuries discovered later, up to six years. There are special rules that apply if you're a minor or your injury was concealed by fraud. There is a detailed summary of Michigan med mal law at http://www.mcandl.com/michigan.html and a good article on what is or isn't medical malpractice in endodontics (root canal work) at http://pulps.creighton.edu/Courses/Seniors/Handouts/Risk%20Management%20Handout.htm Root canal treatment doesn't always succeed. It's not malpractice just because your root canal failed; there has to be some fault on the dentist's part. Common faults include treating the wrong tooth, using unapproved materials such as paraformaldehyde paste, breaking instruments off in the tooth, perforating or fracturing the tooth, and overfilling (the last, which can result in the mandibular nerve being impacted, is especially nasty).

I what happend in my case is the last one you said. Over filling (OVER
EXTENDED Root Canal) and the Neurologist certified that that nerves
have been damaged. And the dentist who I went to agreed verbally that
it was her neglect not to let me know of the overextension right at
the end of the procrdure.

If she would have told me right at the end of the procedure that
things didnt go as planned (Went Wrong) I would have gotten an
apicotemy to get the extra filling removed. But now the extra filling
has ended up in the sinuses, and the nerve damage and the loss of
sensation in the leftr lower part of the face.

Do I go straight to the court or go to a lawyer or what do i do? I am
new to the legal system in this country. So i am REALLY CONFUSED about
how to approach a lawyer/court and stuff.
And whatever I have to do as a priliminary work, Is there some paper work I need to and can fill before i loose on the time stipulations? There is a detailed statutory Notice of Intent that you must file at least 182 days before taking legal action. If the notice is properly filed, the statute of limitations is tolled (that is, the time isn't counted) for 182 days. Michigan also has mandatory mediation in med mal cases; if you don't like the outcome of mediation, you can proceed to court -- but if you don't then get a better result in court, you will end up owing the other party's costs. Your help would be grately appreciated. Thanks.

Thanks,
Raju

On Sat, 10 Jul 2004 15:37:05 -0400, bhsriram@gmail.com (bhraju) wrote:
Hi Chris,Thanks for the info. Please see the inline comments for my reply.cj.green@worldnet.att.net (Christopher Green) wrote in messagenews:<flfle0hvkr0afut1p2pnsnqjhv0sa0uu7l@4ax.com>...
[snip] There is a detailed summary of Michigan med mal law at http://www.mcandl.com/michigan.html and a good article on what is or isn't medical malpractice in endodontics (root canal work) at http://pulps.creighton.edu/Courses/Seniors/Handouts/Risk%20Management%20Handout.htm
[snip]Do I go straight to the court or go to a lawyer or what do i do? I amnew to the legal system in this country. So i am REALLY CONFUSED abouthow to approach a lawyer/court and stuff.

Medical malpractice cases in Michigan would not even be do-it-yourself
things if you had long experience with the US legal system, because
you have to get through the notice and mediation requirements in order
to file suit. Start talking to lawyers who handle medical malpractice
cases until you find one who you believe you can work comfortably
with.

--
Not a lawyer,

Chris Green

bhraju <bhsriram@gmail.com> wrote: Here is what happend: I went to a dentist for a Root Canal : Feb-03 Discovered she screwed up in : Feb-04
[much discussion snipped]Do I go straight to the court or go to a lawyer or what do i do? I amnew to the legal system in this country. So i am REALLY CONFUSED abouthow to approach a lawyer/court and stuff.

You see a lawyer who specializes in medical malpractice. Do it as
soon as possible, because the clock is ticking. If you don't act
promptly, you could lose your rights, if any.

Your best bet is to ask your personal attorney -- the one who handles
routine matters like wills -- to recommend a specialist in
malpractice. If you don't have a personal attorney, ask your friends,
relatives, and co-workers to ask their attorney for such a
recommendation. If several come back with the same name, call that
one first.

If all else fails, ask your county Bar Association for their referral
list, or look in the yellow pages. But a referral from somebody you
trust is better than relying on a YP ad, and the Bar Association just
lists every lawyer who _says_ he/she works in that speciality.

Call up and ask for an appointment. Ask if there will be any charge
for the initial consulation. Most good attorneys in this area will
do one _free_ consultation to see if you have a case they want to take
on. If they take the case, it will be on "contingency". That means
you don't pay anything unless you win. Then the lawyer gets a
percentage (usually 33%-40%) of whatever the judgement or settlement
gives you. Yes, that sounds like a lot, but 60% of something is
better than 100% of nothing (or almost nothing). And remember that
_nothing_ comes out of your pocket -- the lawyer gets paid only out of
what you win.

But do it quickly. I wouldn't take more than a week to find one or
more attornies to call, and I would choose one within a few days after
that.
--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.
Feel free to use the above variant pledge in your own postings.