What can I do if I went to a dentist who chipped another tooth that I was having a filling done on?

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What can I do if I went to a dentist who chipped another tooth that I was having a filling done on?

This happened today. The problem is I didn’t notice until I left the office. I also had to have him fix another chip that he caused the last time I was there.

Asked on January 20, 2014 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If, as is quite possible, the chipping occured because the dentist was being negligence, or unreasonably careless (less careful than is ordinarily expected of a dentist), then it may constitute malpractice. If so, you could recover the cost to correct the damage, such as the cost of having a dentist put in the correct fillings, crowns, or caps (whatever would be the normal way of fixing this). Small chips would not seem to support extra compensation for pain and suffering, however. The problem for you is that in the U.S., in more than 95% of cases, parties have to pay their own legal costs; if the dentist will not voluntarily pay, you'd have to sue him, which may not be cost-effective given the expense of a lawsuit.


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