QUESTION

Do I have a case against my dentist who ground my tooth to nothing after promising he was only going to clean up the decay. but pulled it out instead.

Asked on Jun 26th, 2012 on Medical Malpractice - Colorado
More details to this question:
My dentist promised me he was going to clean my intact tooth to cement on a new crown. He did not inform me that i might lose my tooth. Or i would not have let him do the procedure that he did in the first place. Which was to grind my tooth down to nothing and THEN informing me he was going to have to pull it out because there was nothing to cement a crown to. And that i would have to pay for a partial to fill the gap. I think my dentist did this to get more money out of me. As now i had to pay for the extraction and for a partial all costing more than 650.00 dollars. Isn''t this negligence on my doctors part? And downright criminal for making me pay for his negligence?
Report Abuse

1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
Update Your Profile
We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record.  Losing a tooth which the dentist was attempting to save is a very difficult basis upon which to bring a claim. However, even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the poor results you have suffered will compel a jury to a substantial award.  Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply. I wish you luck.
Answered on Jul 09th, 2012 at 6:57 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters