QUESTION
Can I sue my dentist for her bad dental work on me?
Asked on Aug 29th, 2014 on Personal Injury - Washington
More details to this question:
I had my teeth pulled and dentures made. After a year my dentist was going to put a permament liner in. She took my dentures to a lab to get the liners. Three days later when they returned they were not my dentures. She has since made 3 more sets and she can`t get them to match the first ones. After I confronted her about these dentures not being mine she said "I think you may be right". As I was leaving she gave me a check for 1000.00 and said it was for gas and inconvenice I still have the check. Do I have grounds for a lawsuit?
11 ANSWERS
The lab might be the one at fault for losing your dentures. Cash the check if you did not agree to it as a settlement for your potential claim. Find out how much it would cost for new dentures, add on some unknown amount for not having teeth for the period of time, travel expenses, time missed from work, etc., and make a demand to her and the lab for that amount. If they will not pay to your satisfaction, you will have to sue in Small Claims Court.
Answered on Sep 23rd, 2014 at 2:49 AM
Ronald A. Steinberg
Yes. Either the dentist or the lab screwed up, but it was on her watch.
Answered on Sep 23rd, 2014 at 1:51 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Yes. Unless you signed a waiver.
Answered on Sep 23rd, 2014 at 1:31 AM
Edwin K. Niles
Of course you can sue. However (thanks to the doctor lobby) Med Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report. Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal your local bar association may be able to refer you to one.
Answered on Sep 23rd, 2014 at 1:30 AM
Business Attorney serving Meadville, PA
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Pepicelli, Youngs and Youngs P.C.
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I would need to know a bit more, including the total cost of the dentures, whether any documents were signed regarding the making of the dentures, etc. There may be grounds for a lawsuit, but also keep in mind that a lawsuit would cost thousands of dollars at minimum to adequately pursue. Depending on the cost of the dentures, it may not be financially worthwhile to pursue a lawsuit.
Answered on Sep 22nd, 2014 at 4:03 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only if you can get another dentist to give you an affidavit saying this particular dentist deviated from and fell below the prevailing standard of care. If the latest dentures work & fit OK, then I'd cash the check and leave well enough alone.
Answered on Sep 22nd, 2014 at 4:02 PM
James Eugene Hasser
You very well may have a case. It takes the opinion of another dentist to prove the case, though. Medical malpractice lawyers typically have such experts available.You may want to consider consulting a medical malpractice lawyer that does dental malpractice.
Answered on Sep 22nd, 2014 at 4:02 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, but it would be necessary to review the medical records and see if there is a dentist that performed the work failed to meet the required standard of care required.
Answered on Sep 22nd, 2014 at 12:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't know anything about the process or what permanent liners are. you need to take your dental chart to another dentist and tell him your story and ask him the question. sounds like you may have a case but you must have a dentist to agree with you before you can start.
Answered on Sep 22nd, 2014 at 12:22 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Possibly. But, to even file a malpractice case, you need to hire an expert witness to review the records and certify that the dentist failed to conform to accepted standards of practice. Actually, from your description, it seems more like the lab's fault than the dentists, so you might have a cause of action against them. But even so, your damages are that you don't have your dentures and while this is certainly problematic for you, there is a question as to whether litigation would be cost prohibitive.
Answered on Sep 22nd, 2014 at 12:22 PM
Thomas Edward Gates
It is unlikely and, if you did proceed it would be a small claims matter. The dentist has been working the matter to get it right. She is relying on a third-party vendor to make the dentures and place the liner. You will not find a lawyer to handle this matter.
Answered on Sep 22nd, 2014 at 11:41 AM