How should I proceed?

[jseakin]

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

My wife recently sought out a new dentist after feeling that her current one was doing inadequate work. These concerns were confirmed when her new dentist informed her that essentially all of the work performed by her dentist would have to be redone. He also commented on the mechanics of some of the work "not making sense".

Is there a means of legal action that I can pursue if (or better yet when) her old dentist refuses my request for him to cover the expenses of having his "work" corrected? Should I even approach him on the subject or should I first seek an attorney?

Thank you in advance for your time and efforts!

 

[TheGeekess]

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

My wife recently sought out a new dentist after feeling that her current one was doing inadequate work. These concerns were confirmed when her new dentist informed her that essentially all of the work performed by her dentist would have to be redone. He also commented on the mechanics of some of the work "not making sense".

Is there a means of legal action that I can pursue if (or better yet when) her old dentist refuses my request for him to cover the expenses of having his "work" corrected? Should I even approach him on the subject or should I first seek an attorney?

Thank you in advance for your time and efforts!

Section 6-5-484
Degree of care owed to patient.

(a) In performing professional services for a patient, a physician's, surgeon's, or dentist's duty to the patient shall be to exercise such reasonable care, diligence and skill as physicians, surgeons, and dentists in the same general neighborhood, and in the same general line of practice, ordinarily have and exercise in a like case. In the case of a hospital rendering services to a patient, the hospital must use that degree of care, skill, and diligence used by hospitals generally in the community.

(b) Neither a physician, a surgeon, a dentist nor a hospital shall be considered an insurer of the successful issue of treatment or service.
(Acts 1975, No. 513, p. 148, §6.)

Section 6-5-484

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/123825.htm

 

[barry1817]

dental

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

My wife recently sought out a new dentist after feeling that her current one was doing inadequate work. These concerns were confirmed when her new dentist informed her that essentially all of the work performed by her dentist would have to be redone. He also commented on the mechanics of some of the work "not making sense".

Is there a means of legal action that I can pursue if (or better yet when) her old dentist refuses my request for him to cover the expenses of having his "work" corrected? Should I even approach him on the subject or should I first seek an attorney?

Thank you in advance for your time and efforts!

You can speak to an attorney, but then you will have to have an expert detail the quality of care that was rendered. Is your current dentist going to want to do that?

Has the dentist documented the problems both in his notes and with photos?
you don't want a he said, he said with 2 dentists, when if you have photos, it becomes very clear.

What is the cost?

And a dentist is really not going to just say thank you I messed up and will pay for the remake. So that puts you back at square one with asking an attorney.

If you have started the treatment, then in absence of records and photos, it will be difficult to present a claim, going back to he said, he said.