Bone Fragments After An Extraction

I'm Scott Kuboff, a dental injury lawyer with the law firm of Ibold & O'Brien. I investigate and prosecute dental claims on behalf of clients who were seriously injured following a dental procedure.

It is a known risk and complication that bones at will splinter or fragments or shards will come through following the extraction.  After all, the tooth is embedded in bone.  

To bring a claim against a dentist, there has to be a good mix of liability and damages.  “Liability” is just another way of saying that the dentist did something wrong.  “Damages” are the amount of money you can recover for your injuries, harms, and losses that were sustained as a result of that error. 

Since these types of claims are very costly to pursue, I need to make sure that the recoverable damages considerably exceed the case expenses; otherwise, I’m not doing any good for my clients if I’m unable to put any money into their pocket for the fix or for what they've been through.

I often get emails and phone calls from people who have undergone an extraction and now are getting boney bits and pieces coming through their socket or gums.   It is a known risk and complication that bones at will splinter or fragments or shards will come through following the extraction.  After all, the tooth is embedded in bone.  

What I’m looking for is whether or not the maxilla or mandible – that is your upper and lower jaw – was fractured during the extraction and then the extent of it.  If it was necessary to be hospitalized or otherwise undergo a subsequent surgical procedure where hardware was implanted – plates and screws – in that case, the damages would weigh in favor of a formal review.  Otherwise, it's likely the cost of litigation would far exceed what we may be able to recover.

If you have sustained an injury following a dental procedure, please contact Scott for a no cost, no obligation consultation and case evaluation.

Got a Root Canal. Now it Needs Re-treated or Extracted.

I'm Scott Kuboff, a dental injury lawyer with the law firm of Ibold & O'Brien. I investigate and prosecute dental claims on behalf of clients who were seriously injured following a dental procedure.

It's not uncommon for a tooth on which a root canal was performed to need re-treatment or extraction shortly thereafter. Just because that happens, it does not necessarily mean the dentist did anything wrong.

To bring a claim against a dentist, there has to be a good mix of liability and damages. “Liability” is just another way of saying that the dentist did something wrong. “Damages” are the amount of money you can recover for your injuries, harms, and losses that were sustained as a result of that error.

Since these types of claims are very costly to pursue, I need to make sure that the recoverable damages considerably exceed the case expenses; otherwise, I’m not doing any good for my clients if I’m unable to put any money into their pocket for the fix or for what they've been through.

I get phone calls and emails from people who have had a root canal and now that tooth needs re-treated or otherwise extracted. It's not uncommon for a tooth on which a root canal was performed to need re-treatment or extraction shortly thereafter. Just because that happens, it does not necessarily mean the dentist did anything wrong.

To answer that question, I would need to get the records, radiographs, and send them off to an expert for formal review. To justify the time and expense in doing so, we really must consider damages. If it's a matter of a re-treatment or simple extraction, it's likely the costs of litigation would far exceed any recoverable damages. Of course, other lawyers have different opinions, and you should call around to discuss your particular claim.

Usually, in these situations, I counsel people to talk to the dentist to see if they could get a credit on their account for the second root canal or towards the extraction. However, if it required hospitalization for several days or otherwise a significant surgical procedure, in that case, the damage component begins to weigh in favor of conducting a formal review.

If you have sustained an injury following a dental procedure, please contact Scott for a no cost, no obligation consultation and case evaluation.

Got a Filling. Now You Need A Root Canal.

I'm Scott Kuboff, a dental injury lawyer with the law firm of Ibold & O'Brien. I investigate and prosecute dental claims on behalf of clients who were seriously injured following a dental procedure.

Often, I get asked whether you could pursue a claim against a dentist when you go in for a filling and then shortly thereafter end up needing a root canal on that same tooth. 

To bring a claim against a dentist, there has to be a good mix of liability and damages.  “Liability” is just another way of saying that the dentist did something wrong.  “Damages” are the amount of money you can recover for your injuries, harms, and losses that were sustained as a result of that error. 

Since these types of claims are very costly to pursue, I need to make sure that the recoverable damages considerably exceed the case expenses; otherwise I’m not doing any good for my clients if I’m unable to put any money into their pocket for the fix or for what they've been through.

Often, I get asked whether you could pursue a claim against a dentist when you go in for a filling and then shortly thereafter end up needing a root canal on that same tooth.  Remember, you have to have a good mix of liability and damages.  As to the liability component, it's not out of the question that a tooth with a deep filling is going to end up needing a root canal at some point down the road.  Now, the question of whether the root canal should have been performed in the first case, that's fair, but to get an answer to that question, I would have to obtain your records and send them to an expert for a formal review.

This brings me to the damage component, and whether the damages rise to the level to justify the time and expense. For a tooth that was recently filled and now needs a root canal, it's likely that the costs of litigation would far exceed any damages we may be able to recover. Therefore, it's not the type of claim that I would review.  Of course, this does not mean that other lawyers would not review the claim; you should call around to see if someone else could assist you.  However, in these circumstances I counsel folks to talk to the dentist to see if there's some type of credit that could be provided on their account to pay for the subsequent root canal and crown.

If you have sustained an injury following a dental procedure, please contact Scott for a no cost, no obligation consultation and case evaluation.

Elder Abuse: Mandatory Reporters

I’m Scott Kuboff an attorney and patient advocate with the law firm of Ibold & O'Brien. I help my clients recover money for their injuries, harms, and losses caused by the carelessness of others.

Let's talk today about elder abuse and how to identify the signs of elder abuse so we can put an end to it.

Let's talk a little bit more about who those professionals are:

1)      Attorneys

2)      Doctors, dentists, and nurses

3)      Employees of hospitals and nursing homes

4)      Home health agency employees

5)      Counselors and social workers

6)      Members of the clergy

If you are one of those professionals, please know that if you provide testimony in any administrative or judicial proceeding, you are immune from civil liability unless you acted with bad faith or malicious purpose. You're also immune from criminal liability unless you committed perjury.

If you have questions about elder abuse or personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Elder Abuse: Signs of Financial Exploitation

I’m Scott Kuboff an attorney and patient advocate with the law firm of Ibold & O'Brien. I help my clients recover money for their injuries, harms, and losses caused by the carelessness of others.

Let's talk today about elder abuse and how to identify the signs of elder abuse so we can put an end to it.

These are common signs of financial exploitation:

1)      Large credit card transactions

2)      Unexplained withdrawals of cash

3)      Checks written to “cash” or unknown individuals

4)      Missing checks or credit cards

5)      Changes in bank accounts, unexplained addition of signatories, or opening new joint accounts

6)      Sudden changes to estate plans or unexplained transfers of property to others

If you have questions about elder abuse or personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Elder Abuse: Signs of Neglect and Self-Abuse

I’m Scott Kuboff an attorney and patient advocate with the law firm of Ibold & O'Brien. I help my clients recover money for their injuries, harms, and losses caused by the carelessness of others.

Let's talk today about elder abuse and how to identify the signs of elder abuse so we can put an end to it.

These are signs of neglect and self-abuse:

Social:

1. Being left alone for long periods of time including self-isolation

2. No friends or family around

Nutrition:

1. No meals or eats unhealthy foods

2. Excessive weight fluctuation

3. Dehydration

Hygiene:

1. Soiled clothes or linens

2. Disheveled appearance

3. Body odor

4. Living spaces are dirty, cluttered and in disrepair

Financial:

1. Bills are unpaid

2. Utility shutoffs

3. Money is missing

If you have questions about elder abuse or personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Elder Abuse: Signs of Emotional Abuse

I’m Scott Kuboff an attorney and patient advocate with the law firm of Ibold & O'Brien. I help my clients recover money for their injuries, harms, and losses caused by the carelessness of others.

Let's talk today about elder abuse and how to identify the signs of elder abuse so we can put an end to it

These are the common signs of emotional abuse:

1)      They're withdrawn, trembling, or anxious

2)      They’re unwilling or hesitant to speak openly

3)      They cannot see visitors without their caregiver being present

4)      They seek their caregiver’s approval before making decisions

5)      They are afraid of retaliation from a caregiver or other person

6)      They are told “you don't know what you're talking about” or “you're losing your mind”

If you have questions about elder abuse or personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Tips for Staying Safe this Halloween

Carter and Max are very excited to go trick or treating this weekend. All Max wanted to be was Optimus Prime … he is obsessed with Transformers right now. Carter didn’t have strong feelings one way or another but thought the Voltron costume looked cool. They want to share some tips on how to stay safe this Halloween

1. Take the Safest Path: If sidewalks are available, use them. Plan your route to limit the number of times you have to cross the street.

2. Street Crossing: It’s best to cross at street corners and, if available, use crosswalks. But sometimes street corners are a long way away and the house that gives full-sized candy bars is directly across the street. If so, never cross in between parked cars.

3. Look Before Crossing: Stop. Look left, look right, and look left again. Cross when 100% certain there are no cars.

4. Absolutely No Darting: Chances are the full-sized candy bars will still be there 10 seconds later. With this in mind, absolutely no darting into the roadway. See Tip #3.

5. Eye Contact: With masks covering children’s eyes, it can be a challenge to establish eye contact with people driving cars but it is important to teach our kids to make eye contact with drivers before crossing in front of them.

6. Bring a Flashligh: If you live in a community that goes trick or treating at night, be sure to bring a flashlight.

7. Devices Down: Aside from the occasional photograph, our cell phones should remain in our pockets and our attention should be on our kids.

8. Drive Safely: Enter and exit your driveway slowly. Slow down and stay alert while traveling in residential areas. Also, Tip #7 equally applies here too … except for the taking photos part.

If you have questions about a personal injury claim please contact Scott for a no cost, no obligation consultation and case evaluation.

Elder Abuse: Signs of Physical Abuse

I’m Scott Kuboff an attorney and patient advocate with the law firm of Ibold & O'Brien. I help my clients recover money for their injuries, harms, and losses caused by the carelessness of others.

Let's talk today about elder abuse and how to identify the signs of elder abuse so we can put an end to it.

Here are common physical signs of elder abuse:

1)      They are never seen outside the house or the mailbox is full

2)      Sudden weight loss or deterioration in health

3)      Decline in, or otherwise, poor hygiene

4)      Shrinks back if approached or otherwise scared and uneasy

5)      Over or under medicating

6)      Unexplained bruises, cuts, wounds, welts, burns, or blood

If you have questions about elder abuse or personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Liability for Sports-related Injuries

A participant in a sport or recreational activity assumes the inherent risks of the sport and cannot recover for an injury without showing that the other participant’s action was either reckless or intentional.

Intentional conduct is pretty straight forward so let's focus on “reckless” conduct.

A person is reckless when he or she acts with a disregard for risks in such a way that it creates an “unreasonable risk of physical harm to another.”

What constitutes an “unreasonable risk” depends on the sport – you look to the rules and customs which shape the participant's expectations of what is foreseeable in the course of the game.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.