Can I still file a complaint if I sign a release of liability?

[scoobyB]

What is the name of your state (only U.S. law)? TX

Last year my insurance was such that I had to go with a chain dentistry. I went in to have a root canal and crown done. In-out no problem except that there seemed to be a ledge on the crown. This being one of my first crowns, I had no clue as to what was right and wrong. Fast forward a year and I have new insurance and can choose a different dentist. The new dentist is awesome and shows me my x-rays. The crown, obviously, doesn't fit. The margins don't even come close to being right and lining up. He says this is not up to a standard of care and to go back to the chain and see what they say about it.

The dentist that did the original crown isn't even employed (or they moved him) with the chain anymore. They offer to replace the crown or refund my money. I'm gracious and decide to just take the refund and have my new dentist redo the crown.

So here is my question:

If I sign a release of liability, and accept the money, can I still file a complaint with the dental board? They really should know about this, being as he was given a warning for this exact same thing in 2005. I am willing to forgo the money to file the complaint but, I don't really think I should have to. I have no desire to sue the chain. I feel this was completely on the dentist.

Any ideas??

 

[TigerD]

Some people would be thankful the company stood behind their work and offered to make it right or refund your money.

I imagine dentists are people too and can have off-days. The mistake hasn't caused you injury beyond the cost of the service. Just a little bit of time. Have it fixed on their dime and move on.

DC

 

[scoobyB]

Normally I would agree, but as I said, the dentist has been brought to the dental board for this before.

 

[quincy]

What is the name of your state (only U.S. law)? TX

So here is my question:

If I sign a release of liability, and accept the money, can I still file a complaint with the dental board? They really should know about this, being as he was given a warning for this exact same thing in 2005. I am willing to forgo the money to file the complaint ...

Any ideas??

Whether you can still file a complaint with the dental board if you sign the release of liability will depend on the terms of the release of liability.

If in order to accept the money, to cover the costs of having the crown redone, the release states you cannot sue the dentist or the chain and, in addition, not report the dentist to the dental board, then you have to decide what you value more - a free crown replacement, or reporting a dentist who has already been reported at least once to the dental board in 2005 and who may, or may not, be employed any longer as a dentist.

You could check with the Dental Board to see if his license has already been suspended or revoked, if this makes your decision an easier one.

Good luck.