Is my dentist financially reponsible for damage that he caused to my tooth?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is my dentist financially reponsible for damage that he caused to my tooth?
I had a crown on a good tooth 6 years ago. My current dentist said the crown has gaps and it needs to be replaced. So during the replacement of the crown, the dentist scratched too much of the tooth under the crown that he exposed the root inside the tooth. Now he says that a root canal needs to be done before the new crown is placed. He wants me to pay for it. Can I argue that I should not be paying for it?
Asked on January 4, 2013 under Malpractice Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You seem to possibly have a valid argument: if the dentist was careless in how he performed the replacement (or even in saying there was a need for replacement in the first place) and, by his carelessness, caused you injury (scratching away too much enamel), then he may have committed malpractice and may be liable for the costs and pain and suffering you incur. If he will not voluntarily pay, however, you'd have to sue him, which could be problematic: medical and dental malpractice cases are expensive to bring, because you need a medical expert on your side. So legally, you may be entitled to have him pay; practically, it may be difficult or not cost-effective to enforce your rights.
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.