QUESTION

My situation involves fee disputes over early termination of an orthodontic contract as well as dental malpractice

Asked on Jul 20th, 2012 on Medical Malpractice - California
More details to this question:
We chose to terminate a contract with my daughter''s orthodontist due to unnecessary procedures (the pulling of 8 baby teeth in a single procedure 1-3 years before necessary) , substandard/negligent care resulting in the need for additional procedures at additional cost (specifically, faulty equipment installation resulting in unavoidable decay and the need for filings - NOT hygeine related), and misrepresentations in billing and treatment (services for which they attempted to bill us but which were never performed), as well as general displays of ineptitude. I need to find out what I truly owe if I were to comply with the specifics of the contract and whether our situation merits additional refunds or other financial settlements due to the malpractice issues (which I realize probably can''t be done here). But I also want to know if it is worth pursuing legally-both the contract & malpractice issues. I wil have to find a low cost or pro bono option (single mom working 32 hrs/wk.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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You are going to have a very difficult time finding a malpractice attorney to take the case. To the extent that the orthodontist's care caused harm, it can probably be remedied by additional care, so you lack permanent damages and therefore the case is probably not financially viable.  The problem with pursuing a contract case is that you will essentially have to show that the care was inadequate or incorrect, which is the same thing as proving malpractice. Inevitably, the case will require expert support, which will make the case costly.  If you do want to pursue this, you should contact a local medical malpractice attorney (one in your state).  Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Again, I think you will have a difficult time finding an attorney who wants to take on the case.   Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.  Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Jul 22nd, 2012 at 1:18 PM

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