Ask Me Help Desk - How do I sue a dentist?

I have just had my braces removed. My dentist is the most unprofessional man I have ever met. He would have me in the waiting room for hours. I would have a 10 am appt. and would not leave until 4 pm. I lived about 4 hours away and his office was aware of this, and yet I would show up for an appt. scheduled weeks in advance, to find out that he would not be coming in that day. This happened several times. I had paid half my bill upfront and had paid for the rest in installments. I had received one quote and then he told me that I needed root canal or I would have to wait longer to take my braces off. This was another $400. He was not the original dentist I had agreed to. I need to know how do I go about suing this man and retrieving my wasted money? My teeth do not look much improved after two years of braces and hundreds of dollars in travel expenses to see this dentist.

Do you have a total you want to go after? What is the small claims court limit (where the dentist is located)? (Call the local magistrate or Justice of the Peace there to find out.)

Small claims would be the easiest route to go, as you could represent yourself. You'd just need documentation of the facts. If the amount is higher than the small claims limit you hire an attorney to go after him. Or you could hire an attorney to go after him initially w/out filing suit. They would prepare a letter stating your case and asking for a refund.

Also, I know it seems fruitless, but be sure to call every Better Business Bureau, Chamber of Commerce type place you can think of to complain. Might save someone else some time and trouble. And there should be professional and licensing entities for dentists who should be notified.

Quote:

Originally Posted by rockinmommy

Do you have a total you want to go after? What is the small claims court limit (where the dentist is located)? (Call the local magistrate or Justice of the Peace there to find out.)

Small claims would be the easiest route to go, as you could represent yourself. You'd just need documentation of the facts. If the amount is higher than the small claims limit you hire an attorney to go after him. Or you could hire an attorney to go after him initially w/out filing suit. They would prepare a letter stating your case and asking for a refund.

Also, I know it seems fruitless, but be sure to call every Better Business Bureau, Chamber of Commerce type place you can think of to complain. Might save someone else some time and trouble. And there should be professional and licensing entities for dentists who should be notified.

Sorry, but it's not about the total OP wants - it's how OP was damaged (monetarily) and what OP can prove. Certainly a bad result from the treatment would be proven through expert testimony. Presumably the OP is not an expert and no matter what the result is, an expert would need to write an opinion of how it's a bad result AND the cause of the bad result - something that deviated from standard treatment.

If the lawsuit is for a poor result it will be kicked out of Small Claims and into - probably - County/Supreme Court because it's a matter covered by the Dentist's malpractice insurance and you are not going to get any Dentist to come into Small Claims Court and testify against another Dentist. You are going to have a difficult time finding one who will testify in County Clerk but Small Claims - I would say never.

In some States you cannot file for medical/dental malpractice in Small Claims Court.

As far as the wasted time (time spent sitting, fruitless trips to see a Dentist who isn't there) IF the OP can prove this, well, then OP can always try to collect in Small Claims but the patient has the ability to simply cancel the contract for cause and treat with another Dentist/Physician.

Several claims for the "wasted time" have been fled in NYS and I am not aware of a single one in which the Plaintiff won.

All vaid points, Judy! I should have said "What amount do you plan to go after?" not what they want to go after. Heck, I WANT a surf and turf dinner and a backrub, but it ain't going to happen!:D

Excellent points about expert testimonies, etc!
(Sorry, I have to spread it!)

Quote:

Originally Posted by rockinmommy

All vaid points, Judy! I should have said "What amount do you plan to go after?" not what they want to go after. Heck, I WANT a surf and turf dinner and a backrub, but it ain't gonna happen!:D

Excellent points about expert testimonies, etc!
(Sorry, I have to spread it!)

Well, I don't know, it sounds good to me - if you start driving and I start driving and we find one restaurant and two masseuses midway between us -? Masseus-eyes? What's the plural of masseuse? -

Anyway - throw in an alcohol beverage and I'll meet you there.

Quote:

Originally Posted by JudyKayTee

Well, I don't know, it sounds good to me - if you start driving and I start driving and we find one restaurant and two masseuses midway between us -? Masseus-eyes? What's the plural of masseuse? -

Anyway - throw in an alcohol beverage and I'll meet you there.

Right on, Jude!

I'll meet you in Ohio(?) around midnight tomorrow! OP, you're invited, too, since we've hijacked your thread!:o

How about just Massage Therapists? That doesn't hurt my brain to try to figure it out!

Well you can't sue for waiting long and bad customer service, that is your own fault for allowing it and puttng up with it. You could have and perhaps should have fired the denist long ago

Now if the dental work done was not done properly, you get one or two other dentist to agree to testify that it was not done properly and you hire an attorney and sue for the cost to get it fixed properly

And you do have to prove that the reason that the results are bad are due to the dentist, and not that the OP didn't do the proper between-visit care. Also, the OP probably signed something saying that the results are not guaranteed.

I went to the detist for my first dental visit at the practice to have my teeth cleaned while doing so the dentist came along to view my x-rays and meet me she suggested I get a few things done but to come in for a visit with her , once I did she suggested I get my silver filling removed next to the tooth I needed a filling in so I went along with it. Since then I have spent over $500 at their practice alone plus the rest my insurance covered and within a week of getting the fillings they got infected so I went back wasn't charged they gave me anti biotics and it didn't work so I had to see a separate entadotist to do a root canal so my husband phoned complaning that he wants a refund for my tooth and refund the insurance my dentist said they would refund my part not the insurance and now the root canal is costing me $836 plus the crown in a few months which will be another $900 and odd, though they offered to do my permant filling on the tooth for free after the root canal. Since having that tooth fixed by the entadontist the other one they filled got infected as well and that is costing me another $1736 Im not getting the permant filling from my original dentist as the entadontist did it for free for me. Do I have grounds to sue or expect them to pay for my dental work?

Quote:

Originally Posted by fifieccles

... Do I have grounds to sue or expect them to pay for my dental work?

Probably not. As indicated earlier in this thread, a plaintiff in such a case would need an expert witness (another dentist) to testify that the treatment was not proper dental practice. This is not likely. And such a case probably doesn't belong in small claims court anyway.

Whether they will pay is up to them.

After reading your question again, I'm not sure if your insurance isn't obligated to cover more than they have. Check with the insurance company on this to see that everything has been submitted to them.

Quote:

Originally Posted by fifieccles

I went to the detist for my first dental visit at the practice to have my teeth cleaned while doing so the dentist came along to view my x-rays and meet me she suggested I get a few things done but to come in for a visit with her , once I did she suggested I get my silver filling removed next to the tooth I needed a filling in so I went along with it. Since then I have spent over $500 at their practice alone plus the rest my insurance covered and within a week of getting the fillings they got infected so I went back wasn't charged they gave me anti biotics and it didn't work so I had to see a separate entadotist to do a root canal so my husband phoned complaning that he wants a refund for my tooth and refund the insurance my dentist said they would refund my part not the insurance and now the root canal is costing me $836 plus the crown in a few months which will be another $900 and odd, though they offered to do my permant filling on the tooth for free after the root canal. Since having that tooth fixed by the entadontist the other one they filled got infected as well and that is costing me another $1736 Im not getting the permant filling from my original dentist as the entadontist did it for free for me. Do I have grounds to sue or expect them to pay for my dental work?

You would have to prove Dentist #1 did not do something he should have done and that led to the infection OR Dentist #1 did something he should not have done (re-read carefully, that's two different things) and another Dentist would have to testify concerning the error and the effect of the error.

What do you believe was done incorrectly - or not done at all - by Dentist #1.