Results 1 to 9 of 9
  1. #1
    Join Date
    Jul 2009
    Posts
    15

    Default Dental Malpractice

    Hello everyone,

    I'm not sure if this is the correct forum, if not, feel free to move the thread. Here's my situation:

    On July 22, 2008 I went to the dentist to get some cavities filled. So, I was called into the office, sat in the chair and got my regular fillings done. After that I asked my dentist who seemed very rushed, and behind on her other patients if she can fix my front tooth because it was chipped slightly (which I later found out is "natural chipping"). She could've said no, she was too busy or I would have to make another appointment but she didn't. She filed down my tooth and bonded it. A couple weeks later the bondage chipped, so I decided to get a second opinion from another dentist. This new dentist told me the other dentist should have never messes with my tooth. Then the new dentist put another bondage on my front tooth and that chipped a couple months later, a abouth a month ago that chipped, so now I am getting a cap on my front tooth. Which costs about $300. I'm wanting to know if I can take this to small claims court and sue the original dentist for messing up my tooth. Now my natural tooth is gone and I have a cap over it, and it's my front tooth!
    I don't know if this is something I can take to small claims, and win but I would really like to have her pay for the tooth she messed up.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dental Malpractice

    In what state?

  3. #3
    Join Date
    Jul 2009
    Posts
    15

    Default Re: Dental Malpractice

    Quote Quoting Mr. Knowitall
    View Post
    In what state?
    I'm sorry, I should've mentioned that. Las Vegas, Nevada.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dental Malpractice

    Well, on the plus side you're not time barred. But on the minus side, the second dentist's opinion isn't of itself enough to establish a violation of the standard of care, and even if it were it will cost you more than $300 to get an expert to go to court to testify that the dentist's decision was negligent.

    If it were me, I would try talking to the dentist and seeing if I could find a solution by agreement. Given how complex and costly it is to bring a malpractice case, I'm not personally of the impression that it's worth trying to bring one over a $300 claim.

  5. #5
    Join Date
    Jul 2009
    Posts
    15

    Default Re: Dental Malpractice

    Quote Quoting Mr. Knowitall
    View Post
    Well, on the plus side you're not time barred. But on the minus side, the second dentist's opinion isn't of itself enough to establish a violation of the standard of care, and even if it were it will cost you more than $300 to get an expert to go to court to testify that the dentist's decision was negligent.

    If it were me, I would try talking to the dentist and seeing if I could find a solution by agreement. Given how complex and costly it is to bring a malpractice case, I'm not personally of the impression that it's worth trying to bring one over a $300 claim.
    Well, I'm not sure if this is considered malpractice. I'm not sure if there is a difference between small claims and malpractice, but I was thinking of just filing it in small claims court.

    I was researching information online and thought it might be a good idea to send the dentist a letter stating that if she doesn't pay the cost of the cap and the additional fillings I had to get then I will take her to small claims court. I just think it's wrong for a dentist to rush through a procedure,
    and then have my teeth messed up because of her incompetence. I'm not sure if this is the way to go, but any opinions would be appreciated.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dental Malpractice

    Malpractice is a cause of action. Small claims is a type of court. You bring a cause of action (e.g., malpractice) in a court (e.g., small claims). Bringing a malpractice case in small claims court doesn't affect the fact that it's a malpractice case.

  7. #7
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Dental Malpractice

    One person says that dentist one should not have done such a procedure.
    you say it was OK but rushed. what is your focus here?

  8. #8
    Join Date
    Jul 2009
    Posts
    15

    Default Re: Dental Malpractice

    Quote Quoting THEAMAZINGCHAN
    View Post
    One person says that dentist one should not have done such a procedure.
    you say it was OK but rushed. what is your focus here?
    MrKnowItAll,

    I apologize, as I am not familiar with the appropriate terms, I was unaware that you can bring a malpractice suit into a small claims court. I have never heard of that before.

    Secondly, Yes, I did "ask" about the procedure and if it could be done, but I was not familiar with the shaving and filling the procedure took. Which took an additional 30 minutes, and if the "professional" dentist was rushed then she should have asked to make another appointment. She did not even tell me exactly what the procedure entailed. She just added it onto the bill. It was a very quick and unprofessional procedure in my opinion.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dental Malpractice

    In most states, the cost of bringing a malpractice suit are so high that people won't jump through the necessary hurdles to bring a case in small claims, or they find that their case is quickly dismissed because they skipped the required steps. And if they meet the steps, the defense can be expected to move the case to a regular trial court.

    1. Sponsored Links
       

Similar Threads

  1. Medical Malpractice: Dental Malpractice After Four Attempts at a Crown
    By goofy78270 in forum Malpractice Law
    Replies: 5
    Last Post: 05-01-2011, 07:27 PM
  2. Medical Malpractice: Dental Malpractice in Nevada
    By LaLaLand in forum Malpractice Law
    Replies: 6
    Last Post: 02-23-2010, 02:21 PM
  3. Medical Malpractice: Building a Dental Malpractice Case
    By thirdedition in forum Malpractice Law
    Replies: 8
    Last Post: 08-27-2008, 07:26 PM
  4. Medical Malpractice: Possible California Dental Malpractice
    By prettyinpink in forum Malpractice Law
    Replies: 5
    Last Post: 07-25-2008, 01:29 PM
  5. Medical Malpractice: Dental Malpractice Civil Procedure
    By jnkyrddd in forum Malpractice Law
    Replies: 1
    Last Post: 09-03-2007, 02:07 PM
 
 
Sponsored Links

Legal Help, Information and Resources