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


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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.