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Dental Malpractice?

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flipadiddle

Junior Member
What is the name of your state?Colorado
I took a dentist to small claims court. This dentist was supposed to make dentures for me. On my third visit, his dental assistant, while making temporary impressions, treated me very badly. I requested to speak to the dentist and was informed that he was not there. In fact there was no dentist anywhere on the premesis. This was a violation of Colo. revised statutes. When he finally got to the office and got my message, instead of listening to my problems, he told me to "find another dentist", which I did. My damages include $1200 for two root canals he said needed to be done, which I had done and did pay for. My new dentist, this time a prosthodontist, advised me to get full lower dentures, and the two teeth that had the root canals were pulled. I think my first dentist should have to pay for the root canals since they were not needed. The judge in my case dismissed it without prejudice because "the complaint sounds in some form of negligence/malpractice" and would require a certificate of review. In presenting my case I used the terms "abandonment", and "pain and suffering" relating to the root canals.I am going to re-file in small claims. My questions are:
How do I keep from getting it dismissed again?
What words or concepts do I need to stay away from?
Could this case really be a case for negligence/malpractice?
Can I sue for punitive damages? For pain and suffering?
Any other types of damages, and how much should I ask for?
I was treated horribly by this dentist and his minion and I want to be
"made whole".
 


S

seniorjudge

Guest
flipadiddle said:
What is the name of your state?Colorado
I took a dentist to small claims court. This dentist was supposed to make dentures for me. On my third visit, his dental assistant, while making temporary impressions, treated me very badly. I requested to speak to the dentist and was informed that he was not there. In fact there was no dentist anywhere on the premesis. This was a violation of Colo. revised statutes. When he finally got to the office and got my message, instead of listening to my problems, he told me to "find another dentist", which I did. My damages include $1200 for two root canals he said needed to be done, which I had done and did pay for. My new dentist, this time a prosthodontist, advised me to get full lower dentures, and the two teeth that had the root canals were pulled. I think my first dentist should have to pay for the root canals since they were not needed. The judge in my case dismissed it without prejudice because "the complaint sounds in some form of negligence/malpractice" and would require a certificate of review. In presenting my case I used the terms "abandonment", and "pain and suffering" relating to the root canals.I am going to re-file in small claims. My questions are:
How do I keep from getting it dismissed again?
What words or concepts do I need to stay away from?
Could this case really be a case for negligence/malpractice?
Can I sue for punitive damages? For pain and suffering?
Any other types of damages, and how much should I ask for?
I was treated horribly by this dentist and his minion and I want to be
"made whole".

If a certificate of review is needed in your state, then that is what you will have to do to proceed further.
 

rmet4nzkx

Senior Member
Please consult a med-mal attorney re your case.
Not only does CO have a requirement of the certificate of review for malpractice actions but a limitation of $5,000, another reason for consulting, at least attend a small claims clinic.
 

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