Do I have a claim against a dentist who installed 2 bridges in the same location?

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Do I have a claim against a dentist who installed 2 bridges in the same location?

The 1st lasted under 10 years, the 2nd under 5 years, and is partially warranteed. The problem is the bridge is no longer an option and he told me I now needed 2 dental implants (which they don’t do). When he initially recommended a bridge for an extracted tooth I had since a child, he mentioned nothing about an implant and did not mention that he would have to literally destroy at least one of my virgin teeth. I am fairly sure the bridge is what caused one tooth to completely crack. I am in the process of having 2 implants (expensive yet permanent) but feel the dentist is negligent for not mentioning an implant in the first place and damaging good teeth.

Asked on March 21, 2013 under Malpractice Law, Massachusetts

Answers:

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

Answered 8 years ago | Contributor

It would be advisable to have your dental records reviewed by a second dentist and also to be examined by that second dentist.  If that dentist writes a report supporting a malpractice claim against the first dentist, then proceed with the malpractice claim

Malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit for negligence against the first dentist, it may be possible to settle the case with his malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include your dental bills, dental reports (especially the report from the second dentist), and documentation of any wage loss.  Compensation for the dental bills is straight reimbursement.  The dental reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the dental bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with the first dentist's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject rhe settlement offers and file a lawsuit for negligence against the first dentist.  If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the first dentist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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