What is the name of your state (only U.S. law)? Texas
I am looking for advice on how to proceed in a Texas small claims court with a claim against a dentist based on mistakes in my dental care. Would this be considered a “malpractice” claim? And if so, can that still be heard in small claims (i.e. JP court)? I would love to hear from anyone who has done this before. The value of my claim is about $3000.00 which is well within the limit for this court. One of the advantages of JP court is that I’m not required to retain a lawyer. And that’s a good thing because the legal fees would exceed my claim amount.
Based on my research it appears that malpractice claims require an expert witness. But those were major medical claims – not small claims. My dental claim is not overly technical… essentially he broke a tooth and the repair failed. I had this hack job corrected by a second dentist, and requested dentist#1 to pay for it which he did not. Do I need an “expert witness” for this in JP court? If that is required it is difficult to see how anyone could utilize JP court for minor dental malpractice.
One expert witness quoted me a fee of $500 per hour, and further stated he normally works only with attorneys and that I should retain one. Of course he didn’t know the full story but it feels like a run-around. How in the heck can someone have a small dental claim adjudicated in court?
I am looking for advice on how to proceed in a Texas small claims court with a claim against a dentist based on mistakes in my dental care. Would this be considered a “malpractice” claim? And if so, can that still be heard in small claims (i.e. JP court)? I would love to hear from anyone who has done this before. The value of my claim is about $3000.00 which is well within the limit for this court. One of the advantages of JP court is that I’m not required to retain a lawyer. And that’s a good thing because the legal fees would exceed my claim amount.
Based on my research it appears that malpractice claims require an expert witness. But those were major medical claims – not small claims. My dental claim is not overly technical… essentially he broke a tooth and the repair failed. I had this hack job corrected by a second dentist, and requested dentist#1 to pay for it which he did not. Do I need an “expert witness” for this in JP court? If that is required it is difficult to see how anyone could utilize JP court for minor dental malpractice.
One expert witness quoted me a fee of $500 per hour, and further stated he normally works only with attorneys and that I should retain one. Of course he didn’t know the full story but it feels like a run-around. How in the heck can someone have a small dental claim adjudicated in court?