Ok i want to know if its a winnable case.
I had my bottom jaw broken for an overbite about a year ago now.
Since then i been having a few problems.
like
- Lost of feeling in part of my bottom lip.
- Everytime i open my mouth, eat, chew food, my jaw cracks and makes a really loud noises. Noise that other people can hear and find extremely annoying.
-When wearing a retainer at night i only can open my mouth up to bout the width of the tip of my pinky finger. And after a few hours when i can start finally opening it more, i cant chew right for a few hours i bit and chew in a circle motion almost like a llama. That lasts for a few hours to then it goes back to normal.
-Also sometimes when i yawn it sometimes, locks, or pops, or makes this crack and tearing noise, all leaving me in pain.
-Also my jaw feels alot weaker then it did before.
Update:*another thing, they know and so does the dentist and orthodontist that the numb was from them. He told my orthodontist and me that would take roughly 8month to get the feeling back and it never did.
Answers & Comments
Verified answer
did your surgeon tell you, or show you a paper that explained the risks of the surgery? if so did you SIGN anything stating that you understood those risks? if you did sign something (even without reading it and signed it anyway) you consented to the surgery and agreed that he would not be held liable for anything that could happen to you.
i have heard of this surgery, and jaw popping is a very common thing that happens... my friend had this same thing done and she has the same problem....so that being said, i do not see how you can sue doe to the fact that this is a common thing that happens.... he did not do this out of negligence on his part. these things just happen
anethesiologists are the most sued type of doctor. if you are permanently numb because of what they did, then yea, you can sue and will probably get away with it.
is that morally right for you to do so? well that depends on whether that's just a side-effect of what you had done.
edit: ok i didn't realize you said this had been a year since you had the surgery. if you were going to make this claim it would be something you would have to make promptly. your chances of winning the case are a lot lower now.
Yes, you can sue. But, you're only going to be able to WIN if all of that was caused by some negligence on his part. And, good luck proving that. Especially since it's been a YEAR, and no one knows if it has been caused by something that happened after he worked on you.
Also, you wouldn't really be suing him. You'd be going against the lawyers from whoever carries his malpractice insurance. And, again....good luck winning against them.
unless you give head for a living i don't think so.