Dentist broke tooth while reattaching the crown. Can I sue?

[fstep2]

My question involves medical malpractice in the state of: NY

I went to the dentist to have a crown re-cemented because it was loose and they broke the tooth while removing it. What I mean is they broke the tooth the crown was screwed on to, now I have to get a very expensive implant. Ofcourse the dentist said it was already broken before and put the crown back on, but I know it was not like that because now I can't even bite down on it now.

Obviously I have no way to prove it wasn't like that before. So is there a legitimate case here?

 

[Proserpina]

My question involves medical malpractice in the state of: NY

I went to the dentist to have a crown re-cemented because it was loose and they broke the tooth while removing it. What I mean is they broke the tooth the crown was screwed on to, now I have to get a very expensive implant. Ofcourse the dentist said it was already broken before and put the crown back on, but I know it was not like that because now I can't even bite down on it now.

Obviously I have no way to prove it wasn't like that before. So is there a legitimate case here?

After reading your post hx, you certainly do seem to have an unusual amount of bad luck...

Understand that a bad outcome does not equate to malpractice. Lack of proof would also work against you here.

 

[CameronNewport]

My question involves medical malpractice in the state of: NY

I went to the dentist to have a crown re-cemented because it was loose and they broke the tooth while removing it. What I mean is they broke the tooth the crown was screwed on to, now I have to get a very expensive implant. Ofcourse the dentist said it was already broken before and put the crown back on, but I know it was not like that because now I can't even bite down on it now.

Obviously I have no way to prove it wasn't like that before. So is there a legitimate case here?

Unfortunately, you have no case. Why? Because "Obviously I have no way to prove it wasn't like that before." In other words, to win a case, you'd have to prove exactly what you claim you can't prove.

 

[fstep2]

I assume fighting a case is pretty expensive for a dentist though. Would they likely be willing to offer a settlement instead of going to court?

 

[Proserpina]

I assume fighting a case is pretty expensive for a dentist though. Would they likely be willing to offer a settlement instead of going to court?

That's what insurance is for.

No decent attorney will take the case, and you're looking at being compelled to pay the dentist's legal fees.

So - you have $50k (to begin with) and a few years to throw away?

You haven't won the lawsuit lottery here. Not even the scratch card.

 

[fstep2]

I wasn't suggesting that, it's not a huge thing. Can't I just take the dentist to small claims court on my own? I just want the price of the implants paid for (about 5k), at least to some extent.

 

[CameronNewport]

You can absolutely sue the dentist. But you must prove that the dentist caused the problem. You claim that you can't prove it. Are you correct? Maybe, maybe not. It's possible that you could find a dental expert to testify that the damage to your tooth is most consistent with something that the dentist did.

You may be able to easily find a very decent attorney to represent you, and it is highly unlikely that you'd be compelled to pay for the dentist's legal fees even if you lose. It is also highly unlikely that a lawsuit would cost you $50k or take many years to resolve.

 

[Proserpina]

You can absolutely sue the dentist. But you must prove that the dentist caused the problem. You claim that you can't prove it. Are you correct? Maybe, maybe not. It's possible that you could find a dental expert to testify that the damage to your tooth is most consistent with something that the dentist did.

You may be able to easily find a very decent attorney to represent you, and it is highly unlikely that you'd be compelled to pay for the dentist's legal fees even if you lose. It is also highly unlikely that a lawsuit would cost you $50k or take many years to resolve.

Perhaps you can explain to the OP - since you appear to be unaware yourself - that small claims won't touch this case.

 

[CameronNewport]

Perhaps you can explain to the OP - since you appear to be unaware yourself - that small claims won't touch this case.

The case can be brought in small claims court.

 

[quincy]

My question involves medical malpractice in the state of: NY

I went to the dentist to have a crown re-cemented because it was loose and they broke the tooth while removing it. What I mean is they broke the tooth the crown was screwed on to, now I have to get a very expensive implant. Ofcourse the dentist said it was already broken before and put the crown back on, but I know it was not like that because now I can't even bite down on it now.

Obviously I have no way to prove it wasn't like that before. So is there a legitimate case here?

First, contrary to some claims otherwise, when you file a malpractice suit against a professional person (be it doctor, lawyer, dentist), you are essentially challenging their professional reputation. The costs involved in doing so can be extremely high, because professional reputations are extremely valuable.

Any malpractice suit you consider will generally not be a "head to small claims" legal action. The dentist will not simply hand over to you a fistful of dollars because you think he broke your tooth. The dentist will be represented by an experienced malpractice attorney provided by his malpractice insurer. There will be dental experts provided by the insurer, ready to examine the facts. And, while the insurance provider will try to minimize the costs for his client, there will not be a settlement if your claims have no merit.

If you have any hope at all of recovering costs of your dental implant, you will need a malpractice attorney and dental experts of your own, to offset the findings of defense experts. An expert hired by you to examine the dental records and the facts stands to cost you almost as much as what you are hoping to recover in the way of damages.

By the time your case has reached the discovery stage and expert examinations and attorney fees and court costs are figured, the amounts spent can easily be in the $30,000 to $50,000 range. If the experts agree that there was an acceptable standard of care by the dentist and no negligence, the suit will likely be dismissed.

You can certainly run the facts of your dental experience by an attorney in your area, fstep, but I fear that $5000 in damages will not be enough to lure an attorney to your case and, without solid evidence that the tooth was not already damaged prior to the removal of the crown (and it seems likely the crown was loose due to underlying tooth damage), there is unlikely to be a settlement.

But good luck with it all.

 

[CameronNewport]

First, contrary to some claims otherwise, when you file a malpractice suit against a professional person (be it doctor, lawyer, dentist), you are essentially challenging their professional reputation. The costs involved in doing so can be extremely high, because professional reputations are extremely valuable.

Any malpractice suit you consider will generally not be a "head to small claims" legal action. The dentist will not simply hand over to you a fistful of dollars because you think he broke your tooth. The dentist will be represented by an experienced malpractice attorney provided by his malpractice insurer. There will be dental experts provided by the insurer, ready to examine the facts. And, while the insurance provider will try to minimize the costs for his client, there will not be a settlement if your claims have no merit.

If you have any hope at all of recovering costs of your dental implant, you will need a malpractice attorney and dental experts of your own, to offset the findings of defense experts. An expert hired by you to examine the dental records and the facts stands to cost you almost as much as what you are hoping to recover in the way of damages.

By the time your case has reached the discovery stage and expert examinations and attorney fees and court costs are figured, the amounts spent can easily be in the $30,000 to $50,000 range. If the experts agree that there was an acceptable standard of care by the dentist and no negligence, the suit will likely be dismissed.

You can certainly run the facts of your dental experience by an attorney in your area, fstep, but I fear that $5000 in damages will not be enough to lure an attorney to your case and, without solid evidence that the tooth was not already damaged prior to the removal of the crown (and it seems likely the crown was loose due to underlying tooth damage), there is unlikely to be a settlement.

But good luck with it all.

Are you nuts?

If the OP were to sue for $5k, it's quite likely the Dentist wouldn't even notify his insurance carrier. And if he did notify his insurance carrier, do you think the insurance carrier would be prepared to spend $30k-$50k on attorneys and experts to deal with a $5k case???

 

[ecmst12]

Small claims court is not the proper venue for a malpractice suit. And the dentist's lawyer would not allow it to proceed there. And not turning it over to his insurance company would be extremely stupid.

 

[quincy]

Are you nuts?

If the OP were to sue for $5k, it's quite likely the Dentist wouldn't even notify his insurance carrier. And if he did notify his insurance carrier, do you think the insurance carrier would be prepared to spend $30k-$50k on attorneys and experts to deal with a $5k case???

Dentists do not carry malpractice insurance so that they can hand money over to any patient who demands it.

There will be a malpractice attorney handling any malpractice suit filed against the dentist - this whether the amount is for $5000 or $50,000. It is not just the money that is involved here. It is the dentist's reputation.

I must say that your name-calling in this thread is very impressive, Cameron, even if your advice isn't.

 

[CameronNewport]

Dentists do not carry malpractice insurance so that they can hand money over to any patient who demands it.

There will be a malpractice attorney handling any malpractice suit filed against the dentist - this whether the amount is for $5000 or $50,000. It is not just the money that is involved here. It is the dentist's reputation.

I must say that your name-calling in this thread is very impressive, Cameron, even if your advice isn't.

It would not be surprising to learn that the dentist's deductible is $5k or even greater. And I'm sure that the dentist just loves to file claims on his malpractice insurance ... that must really help his rates.

 

[ecmst12]

Liability insurance does not have deductibles. That would defeat the purpose of having it.