Attorney
Medical lawyer. Specializes in protecting the rights of doctors and patients, handling medical malpractice and liability cases, supporting disability determination and appeals procedures, and providing legal analysis of medical documentation.
Case: Obtain compensation for unnecessary dental treatment
Service: Protection of Patient Rights
Sometimes a patient visits a doctor with a specific complaint but ends up receiving treatment that does not solve the underlying problem. This was exactly the situation of the client who approached us seeking to restore justice and recover the costs of procedures that turned out to be unnecessary.
Client’s Situation
The client consulted a dentist with a complaint about clicking in the jaw joint. After the consultation, the doctor suggested a different treatment approach — orthodontic correction with alignment of the teeth.
The patient agreed to the treatment expecting it would resolve the problem. However, after the orthodontic stage was completed, the main complaint remained.
After seeking a second opinion at another dental clinic, the client received a different medical conclusion. Doctors determined that the root cause of the problem was not related to the position of the teeth but to the condition of the temporomandibular joint. Moreover, in order to continue proper treatment, the patient essentially had to abandon the results of the orthodontic alignment because it not only failed to help but also complicated the correct therapy.
Legal Work on the Case
After reviewing the medical documentation, our lawyers concluded that the situation could involve:
- insufficient initial diagnostics;
- failure to properly consider the patient’s primary complaint;
- prescribing treatment that did not correspond to the actual clinical problem.
We prepared a well-founded claim addressed to the dental clinic outlining the legal position regarding the quality of the medical services provided and the possible violation of the patient’s rights. At the same time, the lawyer conducted negotiations with representatives of the clinic.
Complexity of the Case
The main difficulty was that the doctor was initially not ready to acknowledge a mistake in the chosen treatment strategy or the shortcomings of the diagnostic stage. Such situations are quite typical in medical disputes because clinical decisions often lead to professional disagreements.
Therefore, the key tool in this case was a well-structured legal position combined with a negotiation strategy that helped move the conflict into a constructive discussion.
Case Outcome
After negotiations, the parties managed to reach a compromise and the clinic agreed to resolve the dispute in a pre-trial settlement.
As a result, our client received:
- full compensation for the cost of the treatment provided;
- compensation for moral damages;
- additional financial compensation agreed by the parties under confidentiality arrangements.
This case demonstrates that disputes with medical institutions require not only an assessment of the medical aspects of the situation but also a well-developed legal strategy. A properly prepared claim and professional negotiations often make it possible to achieve a fair result without court proceedings, saving the client time, resources and stress.
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