I had a root canal at an Endodontist. I then went to my family dentist to have a crown put on. He took out the temp filling and instead of using the large space available for the post of the crown he drilled into the smallest root and drilled sideways and went through to the bone. My mouth started bleeding so he couldn't complete the crown. Blamed it on the Endo and sent me back there. The Endo had XRays showing his work, then took a new one and showed me what the other dentist did. He then repaired my tooth with a material to try and fuse to the bone. May or may not be successful. I called my dentist and told them I want a refund (Paid Cash for crown work) and he called back saying he did nothing to me and he will not refund my money and I am required to go back to finish the work. I now have a half prepped molar and a very loose temp filling. Don't want to go back to this guy who has my $1100.
What are my legal rights here??
2006-10-04 06:49:51 · 10 answers · asked by bellagirl1414 2 in Health ➔ Dental
YOU GOT THE PROOF ON WHO DID THE DAMAGE !!!
GO FOR IT~ FILE A SMALL CLAIMS SUIT !!!
THIS WAY YOU DON'T NEED A LAWYER !!!
BE ORGANIZED AND HAVE ALL YOU DOCUMENTS AVAILABLE TO PROVE YOUR POINT IN COURT !!!
YOU HAVE LEGAL RIGHTS HERE !!!
AND YOU SHOULD DEFEND THEM !!!
DON'T LET A DENTIST TAKE ADVANTAGE OF YOU !!!
GOOD LUCK !!!
2006-10-04 06:58:40 · answer #1 · answered by Anonymous · 1⤊ 0⤋
If you have documentation for everything, I would suggest that you start by switching dentists. At that time, ask the first dentist for a refund of all money related to treatment not yet received. If he declines to settle with you peacefully, ask if he is a member of the American Dental Association. If he is, I would suggest you contact your state component of the ADA (listed in the Yellow Pages under "Dentists") and ask about their Peer Review or Arbitartion process. They will review the evidence and suggest a solution for you. It sounds like you should be asking for a refund of the money you paid up front for the post and crown.
If you can get this, I'd say to take the money and run.
If this is not possible or not successful, it is up to you to decide about filing a claim with the state board of dentistry. You can find them on the internet by doing a search for your state. This is a time-consuming process, as the board only meets every month or every other month. You will probably have to appear at least twice to resolve the issue. It is a hostile environment.
You might consult with an attorney, but this is not likely to be a very interesting case to them. They would be paid a percentage of your "winnings" and they would not be very great. The dollar award would be determined by a jury and they don't generally value a single tooth very highly. It is possible that the dentist or his malpractice carrier would offer a settlement that you might accept.
Start with Peer Review and just try to get your money back.
2006-10-04 07:01:27 · answer #2 · answered by Picture Taker 7 · 0⤊ 0⤋
The cheapest and quickest way would be to call the local Dental Association and ask for a hearing. Usually the dentist will abide by their decision. Take your proof with you. It sounds as if the dentist was wrong and the Endodontist is correct.
2006-10-04 15:26:57 · answer #3 · answered by Patti C 7 · 0⤊ 0⤋
There is no way to determine fault or malpractice on the internet.
I would look up a malpractive lawyer in your local phone book and find one who will do a phone consulation, and advise you. Often if some one has messed up, a letter- just al etter from a lawyer will settle things for you.
2006-10-04 06:53:25 · answer #4 · answered by Dr. Max 4 · 0⤊ 0⤋
You should contact the Board of Dentistry for your state and file a grievance. If that does not help, contact the Better Business Bureau and lastly, a lawyer. A lot of times the Board of Dentistry or BBB will become a mediator and solve the problem for you.
Good luck!
2006-10-04 06:53:16 · answer #5 · answered by Tara A 2 · 1⤊ 0⤋
Legally the crown should not be charged until it is permanently cemented, call your state dental board and file a complaint, i assure you they take them seriously and you will get a refund. if he admits wrong doing, he admits malpractice and opens himself up to a law suit. if you dont feel satisfied with the dental board, contact an attorney, i feel like a letter from them would do the trick. or you could always take him to small claims court yourself.
2006-10-08 05:34:01 · answer #6 · answered by hotrdh1 3 · 0⤊ 0⤋
Talk to a lawyer, or better yet talk to the dentist and throw in there that you wanted to try to work something out before you got your lawyer involved
2006-10-04 06:54:53 · answer #7 · answered by Pacman187 2 · 0⤊ 0⤋
call a malpractice lawyer and ask for a free consultation and see if yo have a case.
2006-10-04 06:54:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
do you have bill of that payment you made if yes then meet to an
advocate to take some legal action otherwise it is all waste.
2006-10-04 06:55:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
sue for malpractice
2006-10-04 06:52:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋