Author Topic: Where do i stand on legal action?  (Read 18260 times)

backward lowerjaw

  • Private
  • Full Member
  • *****
  • Posts: 139
  • Karma: 6
Where do i stand on legal action?
« on: June 03, 2014, 11:06:45 AM »
I had jaw advancement this past February my upper jaw was moved forward by 5mm on the NHS.  After the surgery i knew something was not right.  My lower jaw felt it was in the wrong position and my upper jaw still felt back. 

For months i thought i was going crazy, feeling depressed and shut myself off from everyone, every person i spoke to including 2 surgeons said my jaws were the same length.

I had to go to hospital due to to my lower jaw locking up on one side, clicking and popping when i closed my mouth and terrible headaches.

I finally saw a tmj specialist about 3 weeks ago i didn't say why i was there i wanted to see if she would know.  After taking the JVA test i was right all along the surgeon got the measurements wrong on my upper jaw.

My lower jaw was trapped back causing me tmj problems this was because of the shoddy work of the orthodontist. The surgeon measured the distance from my back teeth of my trapped lower jaw. I am now starting to posture my lower jaw in a more comfortable forward position, there is no clicking now when i close my mouth and will soon be wearing an orthotic appliance to keep my jaw in the position followed by braces for this treatment is costing me ?10000! Not only this i am still a class 3 and my upper jaw still needs to go forward by another 4-5mm for another jaw surgery this will cost me another ?10000 with Johnson or Piet Haers (who the dentist i am with deals with) or ?13-?15 with Thuau.

It is so frustrating the orthodontist did not have a clue what he was doing he was an arrogant prick! When i told him about tmj he said this is the same as gum disease, nobody knows much about it and will sort it self out overtime he was just focused on straightening the teeth and not the function, my teeth were still torqued. I had an argument with him and discharged myself about 3-4 weeks ago, i have not worn the retainer and my teeth have moved but i'll be wearing braces again anyway.

I know this is quite long winded but, how would i stand about compensation or pursuing legal action? A lot of the personal injury claims are only if you are injured during surgery which i wasn't but they have proper f**ked up and it looks like it will be at my expense!

Modigliani

  • Private
  • Hero Member
  • *****
  • Posts: 549
  • Karma: 22
Re: Where do i stand on legal action?
« Reply #1 on: June 03, 2014, 12:13:50 PM »
I researched this a few months ago, iirc correctly there are a number of very well defined criteria that you must meet. Find a couple of specialised medical negligence practices and present your case to them, free of charge, they will tell you if you have a case worth pursuing - a lot of them work on a no win no fee basis so it's not in there interest to bulls**t you.

While in theory it has become easier to get compensation in this area over the last few years, I reckon you might struggle but I'm no expert on owt  ;)

backward lowerjaw

  • Private
  • Full Member
  • *****
  • Posts: 139
  • Karma: 6
Re: Where do i stand on legal action?
« Reply #2 on: June 03, 2014, 12:18:14 PM »
it is a s**t one, i relly hope the ortho i am seeing is not a quack, she's very pretty and talks with an accent, be being a bloke i'm easily swayed.

In all seriousness i'm asking a lot of questions so far she seems good, too good to be true i will keep my eyes open and ears open this time with plenty of research

backward lowerjaw

  • Private
  • Full Member
  • *****
  • Posts: 139
  • Karma: 6
Re: Where do i stand on legal action?
« Reply #3 on: June 03, 2014, 12:20:22 PM »
how you getting on with your treatment Modigliana any progress at all?

Modigliani

  • Private
  • Hero Member
  • *****
  • Posts: 549
  • Karma: 22
Re: Where do i stand on legal action?
« Reply #4 on: June 03, 2014, 12:27:25 PM »
It's looking likely that I'm going to have to remortgage my house and get it done it the US  :o

sean89

  • Full Member
  • ***
  • Posts: 181
  • Karma: 10
Re: Where do i stand on legal action?
« Reply #5 on: June 03, 2014, 12:43:57 PM »
You have to show that the surgeon/orthodontist failed to exercise reasonable care and skill.

Seems pretty easy on the face of it, but chances are, you'd need to provide the testimony of a maxfac surgeon or orthodontist, and as you can expect, that's gonna be close to impossible.

The reality is that you're not gonna win in court against an NHS surgeon, but if you threaten him and the ortho with legal action, you might get some sort of settlement.

backward lowerjaw

  • Private
  • Full Member
  • *****
  • Posts: 139
  • Karma: 6
Re: Where do i stand on legal action?
« Reply #6 on: June 03, 2014, 12:45:55 PM »
That's actually just brought a tear to my eye.  Life is bulls**t they says things happen for a reason i just think that's bollocks and the f**kers always seem to get away with it.  Not wanting to sound religious but there can't be a God when stuff like this happens unless he's got some sick sense of humour.

I take it there's no one in the U.K who will operate. You tried Triaca? I know he's expensive but he's much nearer.

Modigliani

  • Private
  • Hero Member
  • *****
  • Posts: 549
  • Karma: 22
Re: Where do i stand on legal action?
« Reply #7 on: June 03, 2014, 01:03:08 PM »
That's actually just brought a tear to my eye.  Life is bulls**t they says things happen for a reason i just think that's bollocks and the f**kers always seem to get away with it.  Not wanting to sound religious but there can't be a God when stuff like this happens unless he's got some sick sense of humour.

I take it there's no one in the U.K who will operate. You tried Triaca? I know he's expensive but he's much nearer.

The ones in the UK are prepared to operate but are reluctant to do nearly enough to fix me to an acceptable level, PJ reckons he can make a 60% improvement and straight out admitted I'm still going to look worse than I did before I let that monster touch me...frankly that's just not good enough. To be honest I haven't seriously considered Triaca, he seems like such an unknown quantity. My concern is that he's just another psycho surgeon, primarily concerned with his ego above all else.

Have you consulted with him?

Modigliani

  • Private
  • Hero Member
  • *****
  • Posts: 549
  • Karma: 22
Re: Where do i stand on legal action?
« Reply #8 on: June 03, 2014, 01:12:51 PM »
Thanks by the way, I've been feeling pretty s**tty today and your support has helped me more than you know. I guess you can relate as you're going through similar.

That god fella can go f**k himself as far as I'm concerned...unless he fancies performing a miracle or two of course  ;)

backward lowerjaw

  • Private
  • Full Member
  • *****
  • Posts: 139
  • Karma: 6
Re: Where do i stand on legal action?
« Reply #9 on: June 03, 2014, 01:21:43 PM »
I haven't, there's a chap on here who was to have a skype consultation pretty soon i think his name is dillusional or something like that. Be interseting to see what he says.

I don't know much about US surgeons but there was someone who private messaged me who had a bad surgery and was looking at Posnick in Washington, Richard Joseph and Wolford she was traveling from the UK don't know if this helps. You seen anyone in the US?

At least Johnson was being honest, if you don't mind me asking how much out of pocket were you with that butcher!

Modigliani

  • Private
  • Hero Member
  • *****
  • Posts: 549
  • Karma: 22
Re: Where do i stand on legal action?
« Reply #10 on: June 03, 2014, 01:30:51 PM »
Was about 3000 Euro for the ortho and just over 12000 Euro for the op, although the cheeky bastards are still sending random bills, the last one was for 0.54 cents - it cost more to post it, that's the kind of mentality we're dealing with here!

Haven't seen anyone from the US yet but I suppose Arnett is the main man to see, he does tons of revision work. I fancied Joseph but he only sees patients in Florida unfortunately.

I'm looking forward to hearing Disillusions take on Triaca too. Could you not get a redo on the NHS? 

backward lowerjaw

  • Private
  • Full Member
  • *****
  • Posts: 139
  • Karma: 6
Re: Where do i stand on legal action?
« Reply #11 on: June 03, 2014, 01:44:55 PM »
Maybe, but after what happened last time i felt like a nodding dog thinking i was lucky to get NHS treatment in the first place and to not piss them off, they made me feel that way. At least privately i'm making sure this is done correctly questions are fired left right and centre, the lady i am seeing said she's very surprised with how much knowledge i have on this.  She's focusing on my tmj joints making sure the lower jaw is in the correct posiiton, that the tongue has enough room and the dental arches are not narrow, you wouldn't get this on the NHS.

I really hope i'm not reading this post in a years time and regretting it, i want to not be on this forum at all, that would mean it would be a success. It's never that simple, being a maloclusion 3 is s**t just feels like a foreign object in your mouth all the time it's unfair that we're the one's who have to pay for it.  Oh well that's my moan over

Ben

  • Jr. Member
  • **
  • Posts: 73
  • Karma: 5
Re: Where do i stand on legal action?
« Reply #12 on: June 03, 2014, 02:17:21 PM »
Man your story is so like mine. You would think the surgeon would have noticed that the teeth were not set up right for the surgery and taken steps to prevent the disaster before operating. I think he should also be held responsible, but having experienced the ignorance first hand I'm not surprised he isn't.

Was there an upward movement of your jaw toward the back? They did this to me and I think it adds greatly to feeling of my lower jaw being trapped because it has made what bite I have much deeper.
 

backward lowerjaw

  • Private
  • Full Member
  • *****
  • Posts: 139
  • Karma: 6
Re: Where do i stand on legal action?
« Reply #13 on: June 03, 2014, 03:16:12 PM »
he moved my upper jaw forward 4mm and 3mm, he didn't say anything about upward movement, my bite is deep i'm assuming because of the teeth being tilted.

My occlusal plane seems to be ok.

Does it look like it in my lat ceph?

[attachment deleted by admin]

elysium87

  • Jr. Member
  • **
  • Posts: 58
  • Karma: 2
Re: Where do i stand on legal action?
« Reply #14 on: June 03, 2014, 04:35:41 PM »
he moved my upper jaw forward 4mm and 3mm, he didn't say anything about upward movement, my bite is deep i'm assuming because of the teeth being tilted.

My occlusal plane seems to be ok.

Does it look like it in my lat ceph?

This does not look like a class 3 to me?