What are my rights regarding dental malpractice?
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What are my rights regarding dental malpractice?
I went to a dentist to get dentures. I have a condition known as Dentinogenesis Imperfecta Type 1; I have 5 other family members with this genetic disorder. However, the dentist told me that I did not have the disorder. The dentist wanted to do several procedures that have been done before with no good outcomes (such as crowns, caps, rods etc.) and in fact performed them, again without a good result. All I want is my money back.
Asked on October 14, 2013 under Malpractice Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Medical / dental malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical / dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
It would be advisable to obtain a second opinion from another dentist. If that second dentist writes a report supporting your malpractice claim, file your malpractice claim with the first dentist's malpractice insurance carrier. Your malpractice claim should include your dental bills and dental reports (especially the report from the second dentist) and if applicable, documentation of any wage loss.
Compensation for the dental bills is straight reimbursement. The dental reports 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 the 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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