Can I sue a dentist for malpractice? 11 Answers as of January 04, 2013

I have seen a dentist a few years ago and he charged my insurance for things that he did not do and had people work on my teeth were not qualified. Now, I have to get top and bottom dentures at 33 years old and in pain all the time and couldn't go places before I got teeth because I would have anxiety attacks.

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Law Offices of Mark West
Law Offices of Mark West | Mark West
It sounds like your statute of limitations may have passed. You only have a year from the date the patient knew or reasonably suspected that the defendant doctor improperly or negligently treated or advised the patient to bring suit. Although the statute also provides a 3 year statute from manifestation of the injury, generally speaking the case will hinge on when you discovered the dentist's actions caused you harm, or you suspected it.
Answer Applies to: California
Replied: 1/2/2013
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
You probably have no claim for a dental malpractice. First of all a dental malpractice must be commenced within 3 years of occurrence and you must show that because doctor performed an act that was contrary to common dental procedure that said act caused you harm.
Answer Applies to: New York
Replied: 1/2/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Consult with a lawyer who specializes in dental cases. Do it NOW.
Answer Applies to: Michigan
Replied: 1/4/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Dentists, like other professionals, are liable for their own negligence, so you can sue a dentist for malpractice.
Answer Applies to: Wisconsin
Replied: 1/2/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages.
Answer Applies to: South Carolina
Replied: 1/2/2013
    The Simon Law Group
    The Simon Law Group | Thomas Feher
    Yes. You are permitted to sue a dentist for malpractice if the treatment you received by him or her was below the accepted standard of care.
    Answer Applies to: California
    Replied: 1/2/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Statute of limitations is 3 years. Why would you wait several years to make inquiry. If less than 3 and if you have a written opinion of another dentist that this is a case and that he will testify for you then you can move forward.
    Answer Applies to: North Carolina
    Replied: 1/2/2013
    Michael E. Wasserman, Esq | Michael E. Wasserman
    There are many questions to be answered to determine if you have a claim. Further, because of the passage of years, there maybe a time problem with the statute of limitations. Charging for work not performed would be insurance fraud and that should be taken up with your insurance company as they will review the dental treatment records to determine if things were or were not performed. The issue is whether you were properly treated or not and that cannot be determined without a review of your treatment records what has occurred to you since that treatment.
    Answer Applies to: California
    Replied: 1/2/2013
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    If the dentist was negligent you can sue him for your injuries. You should contact an attorney that handles medical malpractice claims as the statute of limitations in Ohio is 1 year from the termination of your relationship or discovery of injury whichever date is later.
    Answer Applies to: Ohio
    Replied: 1/2/2013
    Bressman Law | David A. Bressman
    The short answer is "Yes." You can always sue a physician for malpractice. The longer answer is that a malpractice case is very difficult to prove and, usually, requires severe damages in order to justify the time and expense involved in pursuing such a claim. Malpractice claims also, usually, have short statutes of limitation - the time period within which a lawsuit must be brought.
    Answer Applies to: Ohio
    Replied: 1/2/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Dental malpractice cases are always difficult to prove, as well as expensive and time consuming. You will have to be able to prove a failure to adhere to accepted practice, and resulting injury as well, and expert witness testimony is required for that reason. In order to be able to pursue the matter, the consequences would have to be severe enough to merit a substantial enough recovery to justify the time and expense. That being said, you can file a complaint with your state board of health. Before you do, read over a couple of times, then have someone read it out loud to you so that you know you have all your spelling and grammar correct. Make sure all of your statements are factual and not opinions, guesses or assumptions. Keep a copy of everything you send and politely follow up once every three weeks or so. If this dentist has done this to you, he's probably done the same to others. These things take time, but they do take them seriously, so be patient.
    Answer Applies to: New York
    Replied: 1/2/2013
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