Public Mediation

Mohammad T vs. Westwood Dental Care

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M. T. vs. Westwood Dental Care
10921 Wilshire Blvd Ste 601, Los Angeles, California, 90024-4003, United States
Amount Involved: $5,000.00
    • Claimant Seeks: View.
    • Claim #: 1114407
    • Amount Involved: 5,000.00
    • Filed On: Mar 11, 2017
    • Posted On: Mar 22, 2017
    • Complaint(s):
      • Failure to Disclose Risks Associated with a Treatment or Prescription
      • Refusal to Treat Patient in Timely Manner
      • Negligence
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"Dr. Nikjoo,
I came to your office last year to recement my crown that had come off of my implant #3, you told me that there's some tissue on the implant and you need to cut it off. I asked if you are a periodontist ,you said no but you have experience in cutting gums and for me not to worry about it.
On may of 2016, you cut my gum using Electro surge. you checked the crown and told me that it looks good and there's a little gap but that should not be any problem. you re cemented the crown without first tightening the abutment. I asked if I need to take some antibiotics, and you said it wasn't necessary.
you cut too much of my gum and bone under it was exposed. I was in pain and the gum became infected. I went to your office and doctor Teresa Do checked the gum and she was shocked, she said " she has never seen anything like that before. she took a photo and emailed it to you, you told her to give me some antibiotic and a special rinse
and come back in two weeks. I went to your office after ten days, the infection was gone but the bone was exposed and the crown was twisting ,you told me not to worry about it , it will be fine. ten days later my bone was still exposed and you still told me I am going to be fine. I decided to go to another dentist ( Dr Michael Schneider ). He immediately sent me to a periodontist. the periodontist evaluation was too much of my good gum was cut, the underlying bone have become Necrotic and the gum was not healing. recommended to wait six months and return. six months later I was in New Jersey visiting with my daughter. In New Jersey I saw a dentist to check my gum and he immediately referred me to a periodontist. I did a CT scan of the area #3. the diagnosis was that the Electro Surge generated too much heat and burnt the bone. the bone is dead and the gum will not grow and stick to the dead bone. the solution was to cut the dead bone and reach to the live bone extend and stich the gum over the live bone. the periodontist told me that cutting the gum around an implant should be done with Laser, because the implant is made of metal and the artificial bone around the implant is made of porcelain and transfers the heat deep to the bone and rapid and great heat .Also too much of the good gum is cut. He needed to take out the crown, and cut the bone. there may also be future complications with the implant because the bone around it cut.
Dr. Nikjoo, in the beginning (last year), I talked to you about my problems . you said you will help me with the cost and you will talk to the" girls "( manager). several days later I called and talked to your manager, she said she will talk to you and call me back, the next day she called and said there's nothing you can do. I sent you two emails, but you did not respond to any of them. So far I have spent $5000. and gone through 10 months of pain and suffering, and lost some of my bones because of your negligence and I am asking you to reimburse that money.
I will provide you with the names of the dentists and periodontist that I have seen if needed at a later time.
Thank You
Mohammad Tara"
...
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Additional Communication Between Claimant and Westwood Dental Care Hide
  • Mar 22, 2017, Claiming party added:

  • First I would like to say that it is not appropriate for Doctor Nikjoo to threaten my Lawyer that he will report them to the bar association for taking my case. we have laws that protects innocent people and lawyers are there to help, we don't disbar them.
    I went to doctor Nikjoo's office in good faith, I went there for a check up and
    x-rays and cleaning , Doctor Do saw me and my wife, I complaint about sensitivity on one side and doctor Do said I needed to do a root canal and she can do it. the root canal was done. so in one visit both my self and my wife paid $2400. I never complaint about money, I paid full amount the same day and left. The issue was that I still had problem, when I talked to Doctor Do she said
    " she may have missed a root" and she needs to send me to a root canal specialist. my question was if you are not a root canal specialist why do you do a root canal and when there is a problem and you missed a root why can't you fixe it and why didn't you send me to the root canal specialist in the first place. Then I asked " I am suppose to pay the root canal specialist or you will pay for that , and she said I have to pay for that. I didn't say anything I went home.
    Then the crown on my implant #3 came off and for that I saw Doctor Nikjoo. Doctor Nikjoo said he needs to cut my gum, I asked if he is a gum specialist he said no but he knows how to do that, "He has experience doing that and not to worry". Doctor Nikjoo even told me that the old crown looks good. so I don't understand why now he is saying something else. as a matter of fact when he realized that I have serious problems he changed his charts ( my records ) to indicate that he has discussed with me the risks and consequences of the operation, which indeed HE DID NOT. that's why I am filing this claim, the motive is not just financial damages that was done to me . Doctor Nikjoo says I new he is just a general dentist not a specialist, does this mean that doctor Nikjoo should not have operated on my gum? Doctor Nikjoo responded that he cut the gum and after one month the gum was healing. So after going to him several times in one month and not seeing any improvement I decided to see another dentist, who saw my bones were exposed and he immediately referred me to a periodontist. I have documents from every dentist and periodontist. If we decided to go to court to settle this claim, I will show in detail and with documents as to what happened and why I have filed this claim. I will show that in my life time ( 67 years ) I have never sued any doctors or dentists and I will bring letters from all of them to show that I have always paid for services done and how happy they were to have me as a patient. As a matter of fact I will bring all my records financial, health and even DMV to show I don't even have a traffic violation. So there must be a solid reason why after 67 years I am filing this claim against a dentist. And if doctor Nikjoo remembers the reason that I asked for a refund ,and I explained to him that it was not fair that I pay for a gum surgery and after having big problem have a specialist fixe it or after spending so much money to do a root canal and when there is problems you have to pay a specialist fix it and pay for the same work twice, and doctor Nikjoo agreed with me and he promised a refund and later changed his mind. Now he is acting like he doesn't know anything about my situation, he is acting like I am trying to make some free money. He knows exactly what has happened and he pretends like everything they have done was perfect and I
    am just complaining to get some money from him and that is just wrong . I have gone through so much pain and expenses for 10 months and I am still having problem. Doctor Nikjoo should realize that some patients have legitimate problems and help remedy their problems, after all that should be the only reason why some people study medicine, not only money.
    So finally I would like to ask doctor Nikjoo to answer some question for me.
    1- Do you think it is okay to use Electro Surge and apply heat to cut the gum
    over the implant that is metal sitting in porcelain artificial bone. could the heat generated by Electro Surge burn the surrounding bones and caused the gum not to heal over a dead bone?
    2- After cutting the gum, and the gum was hanging ( I could feel it with my tongue ) do you think you should have used stiches to connect the tissues?
    3- Do you think it is necessary to give patient antibiotic and antimicrobial rinse after surgery?

  • Mar 22, 2017, Westwood Dental Care (responding party) added:

  • I am done talking about this due to the fact that you are making a serious accusation that I or any of my staff have altered any of your documents!!
    For the record, our records are computer generated and on a special software which in no way can be altered!!! Good luck.

  • Mar 22, 2017, Claiming party added:

  • The only reason I am making that accusation is because your verbal communication with me is completely different than what you wrote down
    on my record. for example you never discussed the risks or negative outcome.
    and you told me the old crown was fine.
    By the way I ask you some questions and you did not answer them.
    So we will let the court decide this claim. And I will add the cost of my attorney
    the permanent damage done to my bones and the 10 month pain and suffering

  • Mar 22, 2017, Westwood Dental Care (responding party) added:

  • Like I said, I am done!
    The records were never altered.
    You were given all the risks, complications and benefits.
    We have all the documentation on file as well. I see that your pain has subsided because you say you had pain for 10 months. So our treatment that we did for you worked! You are very welcome.
    We will also hold you liable for defamation of character and attorney fees!
    See you in court.
    Please let us know who your attorney is so that I may have our attorney contacted them.
    Please be advised that you have a pending balance on your account and you will be forward to a collection company if its not paid soon.

  • Mar 22, 2017, Claiming party added:

  • here is another example that your verbal communication and your records show
    two different things. two things I have to say to that 1- you won't let anyone
    leave your office unless they pay in full. as a matter of fact your manager walks in
    with a clip board before the procedures are done to make sure you agree to pay
    before leaving office.2- now that I am making this claim you are adding to your charges. that will not work

What Claimant Wants Hide
1. Compensation: fixing tooth #3, surgery, abutment , crown and all the costs associated with the procedure Mar 26, 2017 $5,000.00
2. Other – Copy claim to regulators Mar 26, 2017 $14.99
3. Other – Pay for claim posting cost Mar 26, 2017 $7.99
4. Other – Physical delivery charges Mar 26, 2017 $4.99
Cash total : $5,027.97
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Mr. Tara has appropriated inaccurate information on the web site. His claims are totally unfounded. From the first moment that Mr. Tara presented to my office and saw my associate and I, he was advised that we are not specialists. He knew very well that my associate and I were general dentists. That being said Mr. Tara was advised by my associate and I on separate occasions that the implant crown he wanted to place back on his tooth #3 was not good and needed to be changed due to a severe fracture. Mr. Tara declined getting the appropriate crown and he demanded that he wants to have his old crown placed on for now until he gets the money together to be able to afford a new crown. He was advised of all the contraindications to this and he agreed fully with all the consequences as it has been notated in his chart. Mr. Tara was advised that there was slight tissue growth that happens normally when a crown is not on the tooth. He was advised of this fact and notified of all the options. The gum tissue was removed slightly and the bone was never touched. The crown was placed back on for Mr. Tara. He then returned for follow up and pain on his gum tissue and saw my associate for which she then prescribe the correct medication to deal with his pain. Mr. Tara came back and saw me at a later date in which he was doing much better and the tissue had healed with in normal limits and it was continuing to heal. Mr. Tara's claim that he was never helped or guided or referred to a periodontist is completely incorrect. Mr. Tara then began asking for a refund for the procedure and all the other procedures that were completed by my associate citing the fact that he had pain. Mr. Tara was given the option to seek periodontist consultation but he declined citing the fact of cost.
    My staff and I have been fully cooperative and helpful in Mr. Tara's case. We have tried to help him out as much as possible but from the first moment he did not want to pay for any procedures and he demanded to get money back for fully completed and correct procedures.
    There is no negligence here what so ever. Mr. Tara is making his claims for monitory reasons. If any lawyer picks up this case I will report them to the bar association for filling fraudulently. "

This claim will remain posted until resolved.

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Is this a fair resolution?
  • 1
  • Contributed Solution: by Mina Rizk On 04-21-2017
    View more
    $500 settlement or a $500 discount on any outstanding bills is the appropriate settlement here. More...
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