Can I ask a dentist to pay another dentist to fix his mistakes?

Question

I had jaw surgery, braces, and almost all of my crowns replaced by a dentist in the interest of fixing my bite. Now it is worse than ever and I have had to find someone to help with the pain. I am wearing an appliance on my bottom teeth and will have to have all new crowns to fix the problem. Can I ask the first dentist to pay to have the problem fixed?

Robert Lucky · Answer

Sure, you are free to ask the other dentist to do whatever you feel may be necessary to correct your issues. However, the question becomes what if he says, "No!"? Is he legally liable to pay what you are asking him to pay? 

This can be a very tricky question. You may want to ask your current dentist if he thinks that the other dentist breached the standard of care when doing the work on your teeth. If so, is he willing to testify to that. If he agrees, please free to contact my office to discuss further.

Ronald A. Steinberg · Answer

You can always ask.  But be prepared for an unpleasant response.  You are claiming malpractice, either in the way the procedure was done or in performing it to begin with.  So, you will need to get all of your records from the "bad guy," and get them to a dentist to review and determine if the procedure was necessary, and if so, was it performed properly.  Then you must go through the procedure for a dental malpractice claim.  A less-than-favorable result does NOT mean malpractice.  As the person bringing the claim, you have the burden of proving that it was malpractice.

Bernard Huff · Answer

You should seek the legal advice and assistance of a plaintiff's medical  malpractice lawyer.

Timothy Klisz · Answer

Yes, dental malpractice is a specialty area and there are quick deadlines to sue. Contact me to get started.

Kevin Kuhn · Answer

If your first dentist committed malpractice, then he or she can be held liable for the cost of having another dentist correct his mistakes, plus any pain and suffering, etc.  

It is unlikely, however, that your first dentist will voluntarily agree to pay for a second dentist.  Instead, you will need to go through the claim process, and possibly file suit.  Medical and dental malpractice cases are complex litigation, and it is best to employ a knowledgeable attorney to assist in presenting your claim.

Jeffrey Lapin · Answer

Yes you can ask a dentist to pay another dentist to pay for the mistakes committed by the first dentist. For the first dentist to be responsible though you would have to prove that the dentist committed dental malpractice. Generally, to establish dental malpractice you must prove: 

(1) The generally recognized standard of care for dentist performing the dental work that was done
(2) that the dentist deviated from this recognized standard of care doctor
(3) that the deviation was the proximate cause of your pain.

More simply, you have to prove that the dentist did, or did not do, something that other dentists would have differently under the same circumstances. In most cases, a dentist must establish (usually through his or her testimony) these three items. 

I cannot comment on whether you do have a malpractice case against the dentist as I am not a dentist. I would suggest asking another dentist, possibly the one you are seeing now, about whether the first dentist committed malpractice with what he did to try to fix your bite.

Jerrie Weiss · Answer

If you have evidence from a dental expert that the first dentist's care was negligent (i.e. below the standard of care in the community) you can file a lawsuit against him and if you win, your damages will include compensation for pain and suffering and the costs of fixing the problems caused by the dentist's negligence.  

If you don't want to go through a lawsuit, and if the dentist admits that what he or she did was negligent, which rarely happens, maybe he or she will agree to cover the costs of the dental care you need.

Larry Klein · Answer

Yes you can ask the first dentist to pay for the cost of fixing his mistakes though there is no guarantee that he or she will agree to do so.  

Also, please note that if you wish to bring a lawsuit against the dentist for his or her mistakes that the Statute of Limitations is one year from the date you discover or should have discovered the malpractice.  

Since you think the dentist made mistakes, that one year period has already started to run.  If you fail to comply with that one year time limit, you will lose any rights you have to make a claim against the dentist.  

Therefore, if the dentist refuses to pay for his mistakes, you should promptly consult the services of an attorney if you want to consider filing a lawsuit against the dentist.

Paul Whitfield · Answer

Surely you can ask. If he says "NO" you need another dentist to review his work and make a judgment whether he is guilty of malpractice. You will likely have to do that anyway. Your opinion does not count unfortunately. You must have the opinion of another dentist

Dennis P. Mikko · Answer

It is possible that the first dentist acted in a manner below the acceptable standard of care.  If this is the case, you would have a claim against the first dentist.  You should have your case evaluated by an attorney specializing in dental malpractice.

David Stoddard · Answer

You can ask, but the dentist will likely say no.  You might be able to bring a legal action against the dentist for the cost of the new dental work if you can prove he performed the dental work incorrectly or was negligent in some manner.  A bad outcome, in of itself, does not prove he performed the work incorrectly.  You would need another dentist to testify that he did the work incorrectly.

James Kelaher · Answer

You can certainly ask the first dentist to pay for the work but you can't sue him until you find a similarly qualified dentist to give you an affidavit that the first dentist deviated from the standard of care.

William Chaffin · Answer

You can sue the dentist if his work did not meet reasonable dental standards.  However, you will need expert testimony from another dentist and you have a short fuse to be able to file suit.

John Brennan · Answer

You have outlined a possible action for dental professional negligence (malpractice).  That has a very limited time within which you must file. You will need to find an expert, and your new treating dentist would be the logical choice, who is willing to testify the previous dentist's work was not up to professional standards. These are not easy cases.  

Directly answering your question, yes you can ask the first dentist to pay the bill for the correction of his work, if it was faulty.  There question in will he, and what to do if he does not agree to do so IN WRITING.

Andrew Velonis · Answer

It's not that easy, though I applaud your creative thinking.  This is not like fixing a car or piece of furniture, there are no warrantees.  

The first dentist will undoubtedly claim that he did the best that could be done for you.  In order to prove a dental malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. 

A bad result is not enough, and if it is a "judgment call" by the dentist, there is no malpractice, even if the doctor made the wrong call. So, you would have to get a new dentist to examine you, review the records, and be willing to state that your first dentist failed to conform to accepted practice.

Michael Yeksavich · Answer

If the first dentist committed malpractice you would  have a claim.   However, a  bad result alone is not necessarily a grounds for a malpractice claim.

Irving Blank · Answer

In order to "make" the first dentist pay the second dentist, you will have to file a malpractice suit.  You are going to  need an experienced lawyer to help you.

Thomas Edward Gates · Answer

I do not have sufficient information to answer your question fully. You should retain an attorney to assist you. Basically, they would help get a remedy to your personal injury. While payment for required dental repairs may be one recourse, you may be in a position to receive an additional damage award.

Ernest Lee · Answer

Friend:  Yes, you could ask a Dentist to pay any for his errors, but I doubt if he would pay.  If the dentist is truly at fault you may have to file suit, or threaten to file suit,  to get him to correct the problems.

Thomas Bulman · Answer

You can ask, but I doubt he will agree.  Good luck.  Get good dental insurance.

Stuart Nachbar · Answer

No.  You have to pay for it and then go after the first dentist for a refund.

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