Dental Nightmare
I have been seeing a dentist over the past year who did work which caused damage to my teeth and procedures to replace missing teeth have failed. It is now necessary to have work redone.Something that should have lasted 10 years, didn't even last a week. Dentist was paid in full. Has anyone had a similar experience and could advise me as to what my recourse might be in this matter. Any advice would be appreciated. Thanks so much.
Claire I'm sorry that I can't give you an exact plan of action. All I can say is don't let that dentist off the hook.
The only suggestion I have is to try to work out some kind of mutually agreed upon settlement with that dentist. If he/she is a responsible and reasonable person, then maybe it would be worth trying again. But if you are met with resistance and/or outright denial, then legal action might be your only other recourse.
Of course, if you don't want to risk using that dentist again, that's perfectly understandable. But either way, you need to gain some satisfaction from this ordeal, one way or another.
only one truth Only a lawyer can give out real legal advice. Get an initial consult with one to answer that question.
GC Listening to other people's issues with dentists over the years you would need to find another dentist who would examine you and what was done by the previous dentist and be willing to testify that the first dentist was intentionally negligent. The 2nd dentist will not want to take half a day off in waiting in court or alienating the other dentists. I'd suggest walking away and consider the work done and money spent as lost.
bill1 Contact the state advisory for dental licensing. They can follow up and investigate.
Also consumer affairs .
AJMS First have a meeting with this dentist and see if he'd be willing to go through his malpractice insurance in order to fix your teeth. Similar thing happened to my aunt; drill bit broke inside of her jaw and cost her 3 teeth. You might be able to work something out if he's a decent enough person. I just can't remember if their legal advisors were present during the meeting
Resident I’d love to know the name of this dentist. Surely there can’t be any legal ramifications by simply relaying your experience. Sites like Yelp and google reviews wouldn’t exist, right?
ConsigliereI would NOT post the name of the dentist here, in spite of the quality or lack thereof the work performed. I have not had a dentist have me sign something like this, but with all the papers that are put in front of you as a patient, who knows if there was not a clause in there somewhere that I signed that prohibits me from making public commentary on the quality of the work.
Not worth the chance that they come after you legally, as is the playbook these days.
https://verdict.justia.com/2011/12/06/a-patient-sues-his-dentist-over-a-contractual-ban-on-his-posting-negative-online-reviews-of-her-work
The Rhyme Animal That was an interesting read. It's from 2011 leaving me curious as to the determination of the litigation. I'd gather it was found to be unconscionable as stated and no longer in use. However the judicial process seems to be akin to the wild west these days so all bets are off.
Greg TRA, I never thought about the papers you sign at the dentist. That said, in hospital settings, papers that release the doctors of liability due to screw ups have to be explained to the patient before signing.
...and I'd dare say much of that probably doesn't matter.
Like the signs at an amusement park that claim to 'ride at your own risk'... umm ok.
Negligence and fault can still- and IS still- found in the courts on the side of the customer.
Josh Exactly, Josh. I trained martial arts for years and every gym owner, while making the student/customer sign an injury liability waiver, explained that they don’t hold up well in court. If you’re training boxing and the head trainer smokes you with an overhand right and knocks you out, that’s a bit different than two students sparring and an “accident” occurring.
The professionals (in this case a dentist) should be 100% held responsible for mal practice. But back to my original point, in order to claim libel or slander the dentist would have to prove in court that A. They didn’t do anything wrong and B. That your intention was to cause their business harm. Advising potential patients of your negative experience is neither in my opinion.
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