Can I file a Small Claim Complaint Against My Dentist?

A lot of people ask me whether they could pursue a small claims complaint against a dentist.  The answer to that is: “it really depends.”

If your claim is based upon negligence, that is the dentist did something wrong, the law requires you to use experts to support your claim.  When you consider the jurisdictional limit of small claims court ($6,000 in Ohio), the reality is you are likely going to be spending more money on experts than you would ever hope to recover.  Therefore, it is unwise to file a negligence action in small claims court.

If, however, your claim is based solely on contract – that is you paid for a product or service that was not delivered or rendered – filing a small claims complaint could bring about some semblance of justice.  But, if start to go over the line of quality of care, the court is going to require you to get an expert to support your claim.

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

Can I file a Complaint with the Dental Board?

When a dental procedure does not go as planned, it is reasonable for people to be upset about it and want to seek out justice.  One common question I get is whether it's appropriate for them to file a complaint with the dental board.  Of course, you can file a complaint with the dental board.

 Here is a link to do so

 If you file a complaint with the dental board it's important to know that there are some areas that the board will investigate and there are other areas that the board has no authority to investigate.  Areas that the dental board can investigate are:

• Improper administration of drugs

• Minimum standard of care issues

• Instances of fraud, misrepresentation, or deception

• If a dental provider is either unlicensed or permitting his or her assistant to perform work that they are not licensed to do

• Instances of impairment – if the dental provider appears to be under the effects of drugs or alcohol

While common concerns, the dental board lacks authority to investigate:

• Billing issues and fee disputes

• Whether a particular procedure is covered under insurance

• HIPAA violations

• If the doctor is rude, unprofessional, or otherwise has a bad bedside manner

Wrong Tooth Extraction

I often get questions from people who had the wrong tooth extracted, and they want to know whether or not they could pursue a claim.

Generally speaking, extracting the wrong tooth is a breach of care. That said, we still have to consider the damage component to determine whether a case merits filing a lawsuit. 

Perhaps extracting the wrong wisdom tooth –  which causes no further injury and requires no further treatment – is not going to raise to the level to justify filing a lawsuit. 

However, if it is one of your anterior teeth (your front teeth).  Or if in the case of a juvenile where treatment is then altered or delayed until the minor stops growing. Or if during the wrong extraction, the dentist causes further harm or damage.  Maybe in those cases, it would merit pursuing a lawsuit.

Every case is different and it's important to evaluate each case based upon its own facts

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

Dental Implant Failure

I often get questions from people who have gone through a dental implant procedure but then the implant fails, and they want to know whether they could pursue a claim.

Dental implants can fail for a variety of reasons but the most common, and preventable, are infection and bone loss.

Peri-implantitis is a type of infection surrounding the implant and inside the gums. It can lead to bone loss and certainly implant failure. Prompt recognition and treatment can improve success.

It is also possible that the implant just simply does not integrate with your jaw bone. This is common for people who have low bone density or otherwise suffer some type of trauma following the implant procedure. In these cases, bone grafts may improve overall success.

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

Root Canal Injury - Broken Endodontic Files

I often get questions from people following a root canal procedure where an endodontic file broke off and remained inside their tooth.  Naturally, they want know whether or not they can pursue a claim.

Broken endodontic file are a risk and complication of root canal therapy.  The prognosis of a tooth with a separated instrument really to depends on the extent of what is undebrided or unobturated in the canal below the separated instrument; particularly, if it can not be bypassed or removed.

There is some indication that there is no difference between a tooth that has been debrided and obturated with gutta percha and sealant versus a tooth that has gutta percha, sealant, and a separated instrument.  In fact, the tooth can last some time.

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

Dental Infection Injury

I often get questions from people who have developed an infection around the time of a dental procedure, and they want to know whether or not they could pursue a claim. Well, infections are a risk and complication of just about any type of procedure; particularly dental procedures. 

The infection cases I take on generally fall within two categories. 

First, the patient presents with an infection and the dentist either performs an improper treatment or does not prescribe antibiotics when they are indicated.

Second, is when a patient develops an infection after the procedure and the dentist ignores the signs and symptoms and fails to initiate timely treatment.  Of course, the infection spreads and gets worse.

In both cases, the damages must be sufficient enough to justify the expenses of litigation. Generally, this requires either prolonged hospitalization or a subsequent surgical procedure.

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

Do I Have to Shovel My Sidewalk?

Given the abundance of snow in recent days, your sidewalks may need a backhoe to be cleared. Some of us love going out with a shovel or snow blower, others not so much. But do you have to shovel your sidewalk to avoid any liability for a fall and injury?

Generally speaking, probably not. In Ohio, the “open and obvious” doctrine knocks out any duty and without a duty there is no liability. This doctrine states that the owner "owes no duty to persons entering those premises regarding dangers that are open and obvious." The rationale to the "open an obvious" doctrine is that the hazard serves as a warning unto itself and it can be reasonably expected that the person entering the premises would take precaution to protect themselves.

Private Sidewalk

With this in mind, it should come as no surprise that Ohio courts have routinely held that normal winter weather conditions in Ohio - snow, sleet, ice, and the accompanying perils - are considered obvious dangers and no liability is attributed to the landowner. This has been come to be known as the “winter rule.” As such, it is accepted that a property owner has no duty to remove natural accumulation of ice and snow from private driveways, sidewalks, and steps (i.e. leading up to the house, garage, rear entrance, etc.) However, a property owner is liable for their own negligence in creating or permitting an unnatural accumulation of ice and snow or where they should have known that a natural accumulation of snow and ice on his premises has created a condition substantially more dangerous than what should have expected in light of generally prevailing conditions. Common scenarios which could fall into one of these exceptions include: improper plowing techniques, failing to maintain downspouts and gutters, defects in canopies covering walkways, or other construction defects.

Public Sidewalk

Normally, the owners of property that abut a public sidewalk are not liable for injuries sustained by pedestrians using the sidewalk because the duty to keep streets, including sidewalks, in repair rests upon municipalities and not upon the abutting owners.However, many municipalities have enacted ordinances that impose a specific duty on landowners to keep the sidewalks in good repair, including to remove snow and ice.If you live in a municipality with such an ordinance, you may be civilly liable for injuries for failing to clear your public sidewalk within a reasonable time.Of course, you are liable if you actively create a hazard on the public sidewalk even absent a municipal ordinance.

IBOLD & O’BRIEN LAWYERS NAMED TO 2022 SUPER LAWYERS’ LISTS

The law firm of Ibold & O'Brien is extremely pleased to announce that attorney Dennis Ibold has been selected to the 2022 Ohio Super Lawyers list and attorney Scott Kuboff has been selected to the 2022 Ohio Rising Stars list.  

Each year, no more than 5 percent of the lawyers in Ohio are selected by the research team at Super Lawyers to receive the honor "Super Lawyer" and no more than 2.5 percent of Ohio lawyers under the age of 40 are designated "Rising Stars."   

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

This is Dennis's 17th selection to the Super Lawyers list (2008 -2022) and Scott’s 7th selection to the Rising Stars list (2016-2022).

Get Ready for Winter Driving

Snow, sleet, and ice are around the corner. Recent news stories have highlighted the challenges ODOT is facing with hiring people to drive snow plows which could lead to longer clearing times on primary and secondary roads.

Here are some tips to keep it between the ditches this winter:

Before You Go

• Check your battery — battery power drops in colder temperatures

• Check your tires — check the tread on your tires and replace if less than 2/32 of an inch

• Check the tire pressure — tire pressure drops in colder temperatures

• Wipers and fluid — replace your wipes and add fluid rated for negative temps

• Remove Snow and ice — clear off your windows and mirrors

How to Avoid a Crash

• Cruise control — do not use cruise control in wet or wintery conditions as your car will accelerate if your tires loose traction

• Take your time — accelerate and decelerate slowly

• Give more space — stopping distance increases so give the vehicles in front of your more space by increasing your following distance

• Steer into the skid — take your feet off the pedals and turn the wheel in the direction you want to go; once you gain traction you will not have to overcorrect

• If possible, do not stop when going uphill

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

Nerve Injury After A Dental Procedure

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.

Nerve injuries are, generally speaking, a risk and complication of almost every dental procedure; meaning it can happen even in the absence of negligence.  Keep in mind, it's our job to show the doctor did something 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 often get phone calls and emails from people who have sustained some type of nerve injury following a dental procedure.  Nerve injuries are, generally speaking, a risk and complication of almost every dental procedure; meaning it can happen even in the absence of negligence.  Keep in mind, it's our job to show the doctor did something wrong.

In these types of cases, what I'm looking for is the nature of the nerve damage. For example, is it compressed, stretched, severed, or otherwise damaged by caustic solution.  This gives me some insight as it relates to whether this injury is what you would expect from the procedure or possibly caused by the dentist’s neglect.

Of course, I am always considering the damage component. If it is a nerve injury that is improving since the procedure and you are not undergoing any further care, it's likely that the costs of litigation would far exceed any recoverable damages. However, if the injury is permanent and causing a significant disability in your life, then the damages start to weigh in favor of conducting a more 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.