What to do if I recently found out that my former dentist may have performed unnecessary fillings on my teeth?

He was convicted of creating unnecessary diagnoses so that he could collect money from insurance and patients. The state dental board has revoked his license, put the revocation under suspension and put him on probation. He has been banned from billing Medicaid. I have a mouth full of possibly unnecessary fillings due his treatment. I would like to know if it is reasonable for me to expect compensation for this? The treatments took place 8 years ago; I still have some of his invoices.

Asked on September 8, 2012 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, no--it is too late for you to bring a legal action, if eight years have gone by. That's because the too much time has gone by and the statute of limitations, or time to bring a suit, has expired. The longest you would have had in CA is three years from when you could have known of the issue--and since the fillings are visible and known to you, that's three years from when they were emplaced.


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