Dental Treatments stopped with out knowledge or consent
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Dental Treatments stopped with out knowledge or consent
My Dentist stopped doing the necessary treatments around a year ago without my
knowledge or consent for periodontal disease, as a result, all my top teeth need
to be pulled and I will need surgery to save the bottom. Do I have any recourse?
Asked on March 21, 2017 under Malpractice Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You *may* have recourse: if they either 1) had obligated themselves to do the treatments (i.e. you paid for treatments they did not provide), or 2) it would be against reasonable dental practice to not perform these treatments (i.e. any reasonable dentist would have done these treatments, had they examined you and seen the condition of your teeth), then you may have a cause action or claim. 1) above would be more in the nature of breach of contract; 2) would be a malpractice claim. If the out-of-pocket costs of what has to be done now, as a result, are significant, and/or (as I assume) this will have a signficant detrimental impact on your life, then the claim could be substantial.
The above is a general answer; every situation is evaluated on its own unique details. You should consult with a malpractice attorney in depth about the situation; it would, based on what you write, be worth your while to consult with such an attorney about your situation.
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