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    timothysmommy's Avatar
    timothysmommy Posts: 1, Reputation: 1
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    #1

    May 8, 2014, 09:26 AM
    Can I sue my dentist in small claims court for pain and suffering
    September of last year I went to the dentist to have my wisdom teeth pulled and two others. When I left they told me they where waiting for approval to do a root canal from my insurance. A few months went by I called them and nothing . Few more months the same thing. This past weekend (may) I went to immediadent because my dentist was closed for the weekend. They told me I had to have my teeth pulled they gave me meds and a referral. Later when I got home they called me back and said they could do it at a different location that following Monday so I made the appointment. When I got there I was told that they could not pull the teeth because my insurance had already paid for pulling 10 of my teeth that I still have. I called the insurance company while I was there and told them the situation they had my dentist fax them a recent x ray. Well my dentist is being investigated for fraud. And I can't get them pulled until this is all cleared up so I'm going to have to miss work because I've already cleared my schedule so I could have a few days off . I'm still in a lot of pain and I've ran out of the pain meds my dentist gave me he told me he wouldn't give me anything for the pain until their pulled. Which really is not fair to me I didn't do this I shouldn't feel like I'm being blamed for this . So I had to take a trip to the er and they gave me pain meds but soon enough their going to run out . My insurance also told me that if my dentist pays the money back it will look good on them... nothing about this should look good on them! I'm going to have to miss work I can't make it through the day without pain killers I have a 10 month son to take care of I can't afford to pay for them myself . I would like to teach them a lesson. Everyone I knows keeps telling me to talk to a lawyer but no one will help me. If I do sue what would I sue for and how do I find a lawyer willing to help me ? Any ideas cause I'm about out... all I know is they need to be taught a lesson.. . thanks for taking the time to read
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    May 8, 2014, 09:35 AM
    Nope... THere isn't another dentist in your City you could go to?

    And the insurace does limit how many procedures will be covered during a callender year, and a lifetime limit as well.

    THose aren't the dentists fault... You can always pay out of pocket for anything beyond what your insurance will cover.

    Sorry, but this is life... sometimes everything seems to go to crap.

    If you want to see if you really have a case there is a chance to win... talk to a lawyer and see if any of them will take it on contengency. THey get a percentage of anything you win, only if they win. They won't take on a case they don't think has a chance of winning because they don't get paid if they don't win.

    If there was fraud...its between the Insurance company, the Dentist and the court.....not for you.
    Oliver2011's Avatar
    Oliver2011 Posts: 2,606, Reputation: 746
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    #3

    May 8, 2014, 09:36 AM
    Wouldn't a better choice be to go to another dentist?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 8, 2014, 10:02 AM
    ... Everyone I knows keeps telling me to talk to a lawyer but no one will help me. ... how do I find a lawyer willing to help me ? ...
    Quote Originally Posted by smoothy View Post
    ... talk to a lawyer and see if any of them will take it on contengency. ....
    When multiple attorneys decline taking a case on a contingency, it's a fairly reliable clue that the case is worthless.

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