The Wayne County man just wants his teeth back -- the ones that were knocked out when he was being operated on for hand surgery.

But his efforts have led him on a two-year ordeal with few answers. It also illustrates how difficult it can be for some people to get legal help for their malpractice claims.

Bishop, 42, went in for hand surgery and got his teeth knocked out in the process.

"When you don't have the right bite, you have, I have continuous headaches, migraines," he said. "Sometimes they're really bad."

Bishop said the doctor at Ruby Memorial Hospital in Morgantown never told him how it happened, so he has spent two years trying to correct his problem.

An attorney for Ruby Memorial Hospital says the hospital did offer to help fix Bishop's teeth, but could never agree on the extent of damage and cost.

Bishop's remaining upper teeth were eventually pulled by another dentist to correct some problems, but talks with the hospital about the costs reportedly stopped due to paperwork with the dentist's insurance carrier.

The case is currently in arbitration.

It never would have reached arbitration without a lawyer, but Bishop said he found the search for legal help as frustrating as getting answers about his teeth.

His lawyer, Don Jarrells, agreed. "The majority of people injured by malpractice will never be compensated because their injuries are less than what it would cost to bring the case," Jarrells said.

Bishop only wanted $25,000, the estimated cost of fixing his teeth.

Jarrells took Bishop's case and filed it as an act of negligence. He said the Medical Malpractice Act passed by West Virginia lawmakers last year has made pursuing malpractice cases too expensive. It takes at least $50,000 to bring one to court, he said.

Hospitals know that, Jarrells said, which is why they insist that cases be filed as malpractice claims instead of negligence.

Steven Summer of the West Virginia Hospital Association disagreed.

"That lawyer could still file it...the hospital's lawyer, or the physician's lawyer, would file case saying 'not'...and that dispute would be resolved in a court by a judge," Summer said. "So it wouldn't prevent anybody from filing."

As if the pain from his hand and mouth weren't bad enough, Bishop said he's also hurt that no one has apologized for what happened to him, or worked quickly to repair the damage.

Some in the medical community say lack of communication in general may be symptoms created by a lawsuit-happy society.

That's why a move is under way to introduce "I'm Sorry" legislation before West Virginia lawmakers this session.

"Unfortunately, in this litigious environment that we have, sometimes an expression of sorrow, an expression of sympathy, or a simple 'I'm sorry' can lead somebody to believe that's an admission of fault, that they did something wrong," said state Sen. Evan Jenkins, who also is executive director of the West Virginia Medical Association.

The 'I'm Sorry' legislation would protect doctors who express sympathy to patients without fears of the statement being used in court.

The industry also is looking at models from other states to help solve problems before they go to court.

Those changes would be fine with Bishop. He said he doesn't blame his doctor for his missing teeth. He just wants to stop the pain and smile again.