Can a patient bring a lawsuit against a dentist who is providing that patient with free dental care? 12 Answers as of March 27, 2014

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes, but you darned well be correct.
Answer Applies to: Michigan
Replied: 3/27/2014
Durham Jones & Pinegar | Erven Nelson
Yes, if the dentist committed malpractice or a breach of contract.
Answer Applies to: Nevada
Replied: 3/12/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answer Applies to: California
Replied: 3/12/2014
Kirby G. Moss PC | Kirby G. Moss
If the dentist was negligent in some way, you can.
Answer Applies to: Indiana
Replied: 3/12/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, the dentist still has a duty to the patient to perform his or her services within the appropriate community standard of care.
Answer Applies to: Alabama
Replied: 3/12/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    The price charged has nothing to do with whether you were harmed.
    Answer Applies to: Illinois
    Replied: 3/11/2014
    End, Hierseman & Crain, LLC | J. Michael End
    Yes, although it might be a tough case with the dentist not charging for his or her services.
    Answer Applies to: Wisconsin
    Replied: 3/11/2014
    Michael E. Wasserman, Esq | Michael E. Wasserman
    Yes; whether you pay for the treatment or not the dentist still has to comply with the community standard in providing treatment to you.
    Answer Applies to: California
    Replied: 3/11/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The fact that the dental care is free does not insulate the dentist from liability for malpractice. But, of course, you would still have to prove that malpractice was committed.
    Answer Applies to: New York
    Replied: 3/11/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Sure you can. It is free help but you are questioning whether it is standard care?
    Answer Applies to: North Carolina
    Replied: 3/11/2014
    Bretz & Young
    Bretz & Young | Matthew L. Bretz
    Yes, certainly. It will depend, however, on whether the dentist has been negligent in the treatment which has been provided and whether that negligence has caused injury.
    Answer Applies to: Kansas
    Replied: 3/11/2014
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