Sue a dentist for refusing to replace misfitted dentures

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Sue a dentist for refusing to replace misfitted dentures

My wife prepaid for both sets of dentures appx 2000 and they were not fitted and made correctly. She is unable to use them.
So far, the dentist has made adjustments that made no difference and claims that it is not his fault. He claims my wife must have moved when he fitted her with the molds.
Can she sue in small claims court for return total cost of dentures, plus legal expense, in small claims court, in Louisiana ?
Thanks

Asked on March 21, 2018 under Malpractice Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, she can sue for the cost of the dentures: the dentist has violated the contract (the agreement, whether written or oral, under which he agreed to make and fit dentures in exchange for $2,000) by not installing dentures that fit, which is what she paid for. He cannot keep her money without performing or doing what he agreed to do. However, she cannot recover legal fees, unfortunately: in the U.S. legal system, except in a very few cases which do not apply here, each party pays its own legal fees, win or lose, and cannot make the other side pay for them.


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