CanI sue my dentist for not fixing my teeth properly?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

CanI sue my dentist for not fixing my teeth properly?

My dentist fixed the gap between my front teeth with porcelain veneers. A year later the gap started to come back. Now the gap is worse than before I went to the dentist.

Asked on July 16, 2011 under Malpractice Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It would be advisable to obtain a second opinion from another dentist, who would review your treatment and dental records in order to determine whether or not you have a case for malpractice.

In order to prove malpractice, you will need to prove negligence on the part of the dentist.  Negligence is based on the failure to exercise due care (that degree of care that in this case a reasonable dentist in the same community would have exercised under the same or similar circumstances to prevent foreseeable injury).

If you are able to establish negligence based on the second dentist's opinion, it may be possible to settle the case with the first dentist's malpractice insurance carrier.  Your claim will consist of your dental bills, dental reports, and documentation of any wage loss.  Compensation for the dental bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The dental records will document the nature and extent of your condition and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the dental bills. 

If you are dissatisfied with settlement offers from the insurance company, reject those offers and file your lawsuit for negligence against the dentist.  You will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

In order to prove negligence, you will need to prove duty of care (discussed above), breach of duty, actual cause, proximate cause and damages.  Breach of duty is the failure to exercise due care.  Actual cause means but for the dental treatment, would the gap in your front teeth have returned?  If the answer is no, you have established actual cause.  Proximate cause means were there any unforeseeable intervening events which would relieve the dentist of liability?  If the answer is no, you have established proximate cause.  Damages refers to the compensation you are seeking in your lawsuit (medical bills, pain and suffering, etc.) discussed above.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption