QUESTION
Can a patient bring a lawsuit against a dentist who is providing that patient with free dental care?
Asked on Mar 10th, 2014 on Personal Injury - Kansas
10 ANSWERS
Ronald A. Steinberg
Yes, but you darned well be correct.
Answered on Mar 27th, 2014 at 6:16 AM
Yes, if the dentist committed malpractice or a breach of contract.
Answered on Mar 12th, 2014 at 10:15 AM
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Mar 12th, 2014 at 1:50 AM
James Eugene Hasser
Yes, the dentist still has a duty to the patient to perform his or her services within the appropriate community standard of care.
Answered on Mar 12th, 2014 at 1:50 AM
Michael Eric Wasserman
Yes; whether you pay for the treatment or not the dentist still has to comply with the community standard in providing treatment to you.
Answered on Mar 11th, 2014 at 10:53 AM
1 Award
Yes, although it might be a tough case with the dentist not charging for his or her services.
Answered on Mar 11th, 2014 at 10:52 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The fact that the dental care is free does not insulate the dentist from liability for malpractice. But, of course, you would still have to prove that malpractice was committed.
Answered on Mar 11th, 2014 at 10:47 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sure you can. It is free help but you are questioning whether it is standard care?
Answered on Mar 11th, 2014 at 10:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, if there has been a professional negligence and real damages.
Answered on Mar 11th, 2014 at 10:31 AM
3 Awards
Yes, certainly. It will depend, however, on whether the dentist has been negligent in the treatment which has been provided and whether that negligence has caused injury.
Answered on Mar 11th, 2014 at 10:29 AM