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  1. #1
    mnwind is offline Member
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    Dental crown warranty issue, should I sue???

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

    A veneer crown was installed on my upper tooth about 4 years ago. It broke and dropped off in my mouth when I was sleeping in last week. I saw the dentist the next day since he mentioned 5-year guarantee of his crown when the work was done.

    But now he claims that there is a precondition to visit him regularly in order to get this guarantee. My understanding is that from contract law perspective, the requirement is not valid as it was not communicated when the procedure was performed. I moved 40 miles away 1 year after the procedure and started to see another dentist.

    He wants me to pay 50% of his cost plus full material fee to replace the crown. Is that reasonable? Is there other legal channel I can use to settle this dispute? I have never sued anyone or been sued so far, no experience.
  2. #2
    ecmst12 is offline Senior Member
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    Do you have anything in writing about the supposed warrenty?
  3. #3
    mnwind is offline Member
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    Not in writing. He told me verbally. He still aknowledges that statement, but adding "regular patient requirement" now.

    My argument is that 1. verbal contract/agreement is legal if it was communicated and accepted by both parties; 2. not-communicated precondition like 'regular patient' is not valid.

    I spent several thousand dollars with this dentist in a year. One of the reasons was that he promised guarantees which gave me piece of mind. Now when issue happens, he comes up with new requirement for the originally communicated warranty



    Quote Originally Posted by ecmst12 View Post
    Do you have anything in writing about the supposed warrenty?
  4. #4
    ecmst12 is offline Senior Member
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    Feel free to speak with a lawyer, but verbal contracts are only enforceable to the extent that you can prove they existed in the first place. You have an uphill battle his offer of half price may be better then what you could expect in court.
  5. #5
    tranquility is offline Senior Member
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    It is unlikely a verbal "warranty" will be actionable 4 years later. Maybe. But, unlikely.
  6. #6
    mnwind is offline Member
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    Looks what I can gain from a court battle is very likely lower than the potential lawyer fee

    Do you guys know is there any industry standard about this kind of situation? How long does dentist usually guarantee its work such as a crown after the procedure?
  7. #7
    barry1817 is offline Senior Member
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    dental dispute

    Quote Originally Posted by mnwind View Post
    What is the name of your state (only U.S. law)? MN

    A veneer crown was installed on my upper tooth about 4 years ago. It broke and dropped off in my mouth when I was sleeping in last week. I saw the dentist the next day since he mentioned 5-year guarantee of his crown when the work was done.

    But now he claims that there is a precondition to visit him regularly in order to get this guarantee. My understanding is that from contract law perspective, the requirement is not valid as it was not communicated when the procedure was performed. I moved 40 miles away 1 year after the procedure and started to see another dentist.

    He wants me to pay 50% of his cost plus full material fee to replace the crown. Is that reasonable? Is there other legal channel I can use to settle this dispute? I have never sued anyone or been sued so far, no experience.
    You could go to peer review and see if they could help you, or you could go to small claims court, and would have to argue that you were under the impression of a contract, 5 years, and that the dentist failed to honor the contract. that argument would eliminate the need for expert witnesses, or to show that a problem with the work existed. He promised 5 years, it didn't last.

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