Do we still legally have to pay a dentist that messed up??

Question

My husband had a root canal done, something went wrong and the dentist isn't standing behind it. NOW, he needs to pay an Oral Surgeon to correct it. Prior to this, they got paid from the insurance already, we were just starting to pay the rest off monthly. Now, we want to see what our rights are! Obviously, he's not returning to that dentist.

No, not looking to take legal action. Should have said the dentist caused the error. That is the main point of why we're not going back to him. He's not standing behind that, what is the very least we have to pay him legally each month. I'd like to send him $5 just to bust his B####

Answer 1

Your question brought back haunting memories. My mom took us to the only dentist in town, and even though it broke her heart to hear our screams, (we got a toy after) until a few years later my mom, and others found out that he did not use Novocain because of the cost. Last I heard he went to prison for endangerment. This was years ago and I am sure if there was a system to help our parents then they would certainly take it. On a slightly lighter side my moms friend sent us to a dentist that I will always remember, don't laugh his name was Dr. Slaughter and remarkable when I was young. Not because of him, but now on my dental records it says "patient dental phobic". You do not want to go through the pain of an un- reputable dentist, and I hope you find a resolution. I don't know the law, but will be looking for the person that gives the best result. Thank you for an excellent question though heartbreaking.

Answer 2

Unfortunately no. I just had a similar situation. I had a tooth that was going. The dentist said he could do a root canal to see if it could be saved, but couldn't promise. He told me that if it failed, then I would have to see a oral surgeon, to have the tooth removed.

I wouldn't blame the dentist, the only thing he may be derelict in, is not explaining that process. However, the dentist is more then likely not liable.

It sucks though, cause the root canal isn't pleasant. Good luck

Answer 3

I'm a dentist.

So, you've concluded that your doctor "messed up", have you?

You may fool many of the dumb sh*ts who frequent these forums and have major chips on their shoulders when it comes to doctors, but you should be aware that some of us are able to

You omitted three very relevant items in your anecdote:

1. Was there informed consent for the procedure? i.e. were you told that root canals, although successfuly more than 90% of the time, can and do fail for reasons not predictable by the doctor?

2. Was the doctor's quality of work within the standard of care? Basically, did he execute the treatment properly (i.e. perform the root canal properly, provide any necessary medications, etc.)?

3. Did it take more than 5 years for the root canal to start causing problems?

If you answered "no" to items 1 and/or 2, then you may have a valid argument.

If you answered "yes" to items 1 and 2, you have no leg to stand on AND you should reconsider your decision to find another doctor (especially if you answred "yes" to item 2).

If you answered "yes" to all three items, I'd suggest you make an appointment with a psychiatrist to find out why it is you feel you are entitled to perfection in life...even in health care.

Let me ask you this question: if a neurosurgeon removed a cancerous tumor from your husband's brain and the tumor returned, would you ask for the surgeon to "stand behind his work"? If a transplant surgeon performed a liver transplant on your husband and the new liver was rejected and the transplant failed, would you expect another transplant for free?

So why would you expect something different from your dentist? Because a root canal happens to be a more simple surgical procedure?

Dentistry is a medical profession, like medicine, optometry, podiatry, veterinary medicine, etc: no treatment is guaranteed to work.

Sometimes follow-up work is needed, and in the case of your dentist, he/she has referred your husband to an oral surgeon likely to have an apicoectomy performed. This is a perfectly reasonable scenario, despite the fact that you just don't happen to like it.

Just as an aside, I would strongly urge you to not create trouble with the doctor. He probably has a hell of a lot more money than you, and a court battle will affect him less than it will you. Moreover, if you fail to pay him (or her), he can and probably will send your account to a collections agency. Is it worth it to you?

Answer 4

I'd get a lawyer right away but until then keep paying, you will get your money back when you win the case. Good luck!

Answer 5

Contact a malpractice lawyer. If they think you have a case, they will take it for free and they get their money from any settlement they get for you.