My old dentist performed three root canals on me in the past year, each of them taking 15 min (not counting the post and crown). He did an awful job, and now my new dentist had to send me to an endodontist, and two of the three root canals are going to need surgery on them to flush out whatever is bad in there, and put new filling in. This is going to cost me $1000 per tooth! Is there any possibility I could sue my old dentist and get the money to cover not only what i spent on the root canals in the first place, but also any costs incurred as a result of poor workmanship? My current dentist said he would back me in whatever I decided to do, whether it be report him or file a lawsuit.
2006-06-05 10:34:59 · 6 answers · asked by glddstgpsy26 3 in Politics & Government ➔ Law & Ethics
Yes.
Every doctor (or other professional) you engage or contract with has a duty to perform and provide services that fit with generally acceptable standards. Thus, if the dentist did something that almost every other dentist in the world would not do, and that something caused you damage, then you may have a claim. But, for you to prove this claim, you will need an expert who will be able to say that the work done to you was not up to snuff.
The problem with your case is that your damages are small. Whatever you put up for the first root canals minus what you put up for the second. So if it cost you 2K the first time, and then 5K to fix the work, you will get 3K. Also, there are other compensatory damages. Add in some pain and suffering, costs, and the like, you are probably under $25K. The cost to bring this suit to trial will likely be near 15K, so unless you can find a way to get punitive damages, most lawyers are going to shy away (because they will be seeking a 1/3 fee agreement, where they get 33% of whatever you get. I would contact the old dentist and tell him the deal. If he does not seem cooperative, telling him you need to know who his insuance carrier is, and then call them. If they seem reluctant, then think about a lawsuit. But whatever you do, make sure you collect evidence. Have your current dentist prepare a brief explanation of what is wrong with your teeth, causes etc.
2006-06-05 10:51:41 · answer #1 · answered by lawless 2 · 0⤊ 1⤋
It sounds like you may have a good case for a lawsuit, but you should consult a lawyer in your area and pose this question to him or her. The lawsuit would be a medical malpractice lawsuit and many states have imposed new rules in the last few years making it more difficult, but not impossible, to file these types of claims.
2006-06-05 11:00:23 · answer #2 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
you could desire to attempt to sue. it might probable hide any fee from out of pocket. I too had a dentist try this. He instructed me (and billed our insurance) for a root canal and cap (crown). 2 years later it have been given relatively contaminated. My new dentist revealed it had in no way had a root canal!! This replaced into insurance fraud. i attempted to bypass back after unique dentist yet he had already lost his license!! Ugh! stable luck!!
2016-11-14 06:31:23 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I think it's definitely an offense you could pursue. BUT make sure you have reconds (pictures, bills, witnesses) of what he did to your teeth, and have a specialist tell you that your teeth were in fact ruined. This would add validity to your case. Consult a lawyer!
2006-06-05 10:41:37 · answer #4 · answered by Kookoo Bananas 1 · 0⤊ 0⤋
If you were injured you can sue him for malpractice.And you also can report him to his licensing board.
2006-06-05 17:01:22 · answer #5 · answered by Elizabeth 6 · 0⤊ 0⤋
I would ask i dunno for sure but if your wondering it may be your intuition telling u something
2006-06-05 10:38:02 · answer #6 · answered by dckwayne 1 · 0⤊ 0⤋