QUESTION
Can I sue for tort or pain and suffering?
Asked on Jan 25th, 2013 on Personal Injury - New York
More details to this question:
I did not receive full refund on treatments I had from the dentist. One of them was the dentist bonded my teeth together with fillings. It caused me pain. (It was a tooth which she did one side of the filling and not the other side of it. I ask why and she said it wasn't on my treatment plan, and then later she did the fillings but bonded it to tooth next to it.) She continue refused to fix it stating she had other patients. Until one day, I requested my money back. She drilled and cut through the fillings leaving it with sharp edges and she couldn't floss through well without it breaking. She left my teeth like this and more. And I still have pain in teeth. There's more but what can I sue for.
6 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You must find a dentist to review your chart and tell you whether you have a valid claim or are just an angry patient. That is where you start with professional malpractice.
Answered on Jan 30th, 2013 at 9:18 PM
Ronald A. Steinberg
Go to another dentist and see if it can be fixed. If it can, then fix it. Then ask the new dentist if the first one did wrong. If so, go to a lawyer.
Answered on Jan 29th, 2013 at 11:31 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You court claim would be either for professional malpractice or for negligence. You would have to discuss with your attorney which one to chose, because the choice would determine what you would have to prove. Pain and suffering is an element of the damages you would claim under either cause of action (as well as the costs of the treatment necessary to correct your dentist's "fine" work plus the wages you lost, or will lose, to receive treatment plus compensation for any lasting damage and/or future pain & suffering and costs of treatment that can be reasonably expected to become necessary as a result of the dentist's negligence).
Answered on Jan 29th, 2013 at 10:30 PM
You could sue the dentist for malpractice, pain and suffering and emotional distress assuming you can prove everything.
Answered on Jan 29th, 2013 at 9:17 PM
James Eugene Hasser
Whether you know it or not, what you are really asking is if you have a case for dental malpractice. If you can show that the Dentist did not follow the dental community standards, and you were hurt because of that, you might have a dental malpractice case. If you are able to prove that, you would be entitled to pain and suffering. By the way, a "tort" is general description of a civil wrong where you can get money damages. It is not a damage for which you can be compensated. Malpractice cases are extremely expensive, time consuming and difficult to win. For that reason, most lawyers require that the injuries be massive or that someone die from the malpractice. Good luck.
Answered on Jan 29th, 2013 at 8:14 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I don't see there being a case here, and if there is, court costs and expert witness fees would make such a suit cost-prohibitive.
Answered on Jan 29th, 2013 at 12:22 AM