What do I have to do if I want to recover losses from a dentist for negligence and misrepresentation?

In my opinion his work “deviates from the standard of care” and is “demonstrable”. I went to a dentist for treatment for dental decay. Treatment was received and I was not pleased. The restorations are clearly visible as too large and too dark. They do not match the existing color of my natural tooth enamel, then or now. In addition, The dentist advertised that he is a specialist. In order to announce that one is a specialist or to state such in an ad, he must be Board Certified and he is not. According to The ADA’s “Principles of Ethics and Codes of Professional Conduct”, it is unethical to mislead the public into perceiving that one is a specialist.

Asked on December 13, 2015 under Malpractice Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to sue--that's the only way to get money when you feel another party owes you compensation but will not pay. You would bring a dental malpractice suit. To bring it, you'd need a dental expert to prepare a report and also testify (which can be expensive) that the work done was negligent, or not up to professional standards. If you win the case, you could potentially recover the lesser of the cost for someone to redo/correct/etc. the work or an amount for "pain and suffering" reflecting what a jury believes the monetized value of having too large and too dark restorations is. 


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