Sue a dentist for refusing to replace misfitted dentures

UPDATED: Oct 1, 2022

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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 ?

Asked on March 21, 2018 under Malpractice Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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 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.

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