Dental disaster

[jasper1012]

What is the name of your state (only U.S. law)? North Dakota
I had a cosmetic dental procedure and had several complications afterwards which required other medical treatments/procedures with a physician. None of the complications were discussed or implied risks. I have not paid the remainder of the billl and now the dentist is suing me in small claims court. Do I have legal standing not to pay the bill and if so should I include this information in my counter claim?

 

[Antigone*]

What is the name of your state (only U.S. law)? North Dakota
I had a cosmetic dental procedure and had several complications afterwards which required other medical treatments/procedures with a physician. None of the complications were discussed or implied risks. I have not paid the remainder of the billl and now the dentist is suing me in small claims court. Do I have legal standing not to pay the bill and if so should I include this information in my counter claim?

Be prepared to have a judgment against you. Simply not paying the bill is not the way to handle your dispute.

 

[jasper1012]

Thank you for your reply and its noted. However, that doesnt even remotely come close to answering my question. According to tort law in negligence, the dentist has a "duty of care" and his failure is dereliction or breach of that duty. Therefore, I would assume that the courts position would be to evaluate this case on comparative negligence (my negligence with the bill and his with care provided).

 

[Antigone*]

Thank you for your reply and its noted. However, that doesnt even remotely come close to answering my question. According to tort law in negligence, the dentist has a "duty of care" and his failure is dereliction or breach of that duty. Therefore, I would assume that the courts position would be to evaluate this case on comparative negligence (my negligence with the bill and his with care provided).

He is suing you, you are not suing him. His negligence is not on trial here, your failure to pay his bill is.

 

[jasper1012]

Hence, the counterclaim, which I mentioned in the first post....

 

[Antigone*]

Hence, the counterclaim, which I mentioned in the first post....

Sorry, jasper I skipped over that. Yes a counterclaim for your out-of-pocket expenses would be the way to go.

Make sure you have doctor's reports clearly indicating that his negligence caused your damages.