Do I have the right to sue ?

On January 31, I saw a dentist with the plan that I was purchasing two partials. One for the top of my mouth and one for the bottom. He took impressions for the partials on January 31st and I paid in full for them 2,000. He told me the turnaround time to make the partials would be 3 to 4 weeks. After waiting 6 weeks for the partials I get a phone call from the dentist’s office telling me they lost my impressions and I would have to start the process all over again. What legal action can I take against the dentist ??

Asked on March 15, 2018 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they redo your impressions for free (no additional charge), you do not have a viable lawsuit. The law does not provide compensation for delay, inconvenience, or frustration, only for economic loss or cost, or for physical injury or harm. While it is undeniable frustrating to have to redo the impressions and spend additional time, those are not things for which you can be compensated in a lawsuit.


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