What to do if I received incorrect information from a dentist and now it will cost me $1,000?

I went to a new dentist to have my crowns changed because my previous dentist said they needed to but was fully booked. At the time I had 2 insurances and the procedure would have been free. The new dentist told me the crowns were fine and did not need to be changed. I went back to the new dentist and now he tells me that the crowns I have are for minors and I needed new ones as an adult. I have only 1 insurance now and the procedure will cost more than $1000. The new dentist only says, “I’m sorry”. Can I sue him for this? He won’t even consider not charging me?

Asked on August 30, 2015 under Malpractice Law

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, this may have been malpractice medical or dental treatment which was negligent, or unprofessionally careless. In theory, you could recover the money this will cost you from the dentist who made the error. In practice, there is no cost-effective way to do so to get the money, if he will not voluntarily compensate you, you'd have to sue and even if you did not hire an attorney, to bring a medical/dental malpractice claim, you need a report from a medical/dental expert certifying that this was malpractice. The cost of the expert plus the filing fee--even if you do act as your own attorney, and save on attorney's fees--would almost certainly equal or exceed what you hope to get back.


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