Dental evidence for potential lawsuit....

[VeryCautiousPerson33]

Hi, I have not been to a denist for a long time. I want to see a dentist but i am afraid he will simply lie to me or worse cause me harm. I will obviously go see an attorney for advice but before i do, i'd like to ask the forum what sort of evidence do i need to protect myself? For example, a dentist has to diagnose you first, and then give you a treatment plan. Does that have to be in writing? Because something in writing will stand up in court better than what he says? Does the treatment plan have to be very specific? So you know exactly what you are getting? Again, better for the courts? Can a dentist refuse treatment for something simple and not extraordinary difficult? Can you sue a dentist for refusing? Where can i go to see if a dentist has previous complaints or lawsuits? The court house? Thanks for your time.

 

[Zigner]

What US state?

Generally, people don't consult an attorney prior to seeing a medical (or dental) practitioner. You should check the various online review sites and also speak to friends, acquaintances, etc., for referrals.

 

[VeryCautiousPerson33]

I am in NY. I've been to a few dentists in the past. So i have a few bad experiences with them which is why i am looking for some legal advice before i go. I need to protect myself.

 

[cbg]

The very large majority of dentists do not lie to people or deliberately cause them harm.

 

[VeryCautiousPerson33]

The very large majority of dentists do not lie to people or deliberately cause them harm.

That's great. But that's not what i am asking. Can you answer some of the questions above?

 

[Zigner]

That's great. But that's not what i am asking. Can you answer some of the questions above?

If you want a treatment plan in writing, discuss this with your dentist.
I have to tell you that, if you go in to a dentist with the attitude that you're eventually going to take him/her to court, it's going to shine through and the dentist may simply refuse to treat you.

 

[VeryCautiousPerson33]

Is it lawful to refuse if i ask for a treatment plan? Do you know? I doubt it is lawful.

 

[quincy]

Hi, I have not been to a denist for a long time. I want to see a dentist but i am afraid he will simply lie to me or worse cause me harm. I will obviously go see an attorney for advice but before i do, i'd like to ask the forum what sort of evidence do i need to protect myself? For example, a dentist has to diagnose you first, and then give you a treatment plan. Does that have to be in writing? Because something in writing will stand up in court better than what he says? Does the treatment plan have to be very specific? So you know exactly what you are getting? Again, better for the courts? Can a dentist refuse treatment for something simple and not extraordinary difficult? Can you sue a dentist for refusing? Where can i go to see if a dentist has previous complaints or lawsuits? The court house? Thanks for your time.

I am not sure what type of “evidence” you want or for what purpose you want it. But here is a link from the NYSED that includes a list of what would be considered misconduct by a dentist or other professional (except medical):

http://www.op.nysed.gov/opd/

There are additional links on the page you can access to see if the dentist you wish to see has a disciplinary record.

You can ask for a written treatment plan.

If you have sued a dentist in the past, you might find dentists in your area are reluctant to take you on as a patient.

 

[Zigner]

Is it lawful to refuse if i ask for a treatment plan? Do you know? I doubt it is lawful.

It is lawful to refuse to treat you.
Dentists will provide you with a dental plan. But, if a dentist refused to provide you with one, would you want to continue with that dentist?

 

[VeryCautiousPerson33]

It is lawful to refuse to treat you.

Is this your opinion or do you have case laws to back it up? I don't believe it is lawful hence seeking a professional attorney. Obviously i wouldn't go to see the dentist but the denist broke the law! When you break the law, can you get away with it?

 

[VeryCautiousPerson33]

I am not sure what type of “evidence” you want or for what purpose you want it. But here is a link from the NYSED that includes a list of what would be considered misconduct by a dentist or other professional (except medical):

http://www.op.nysed.gov/opd/

There are additional links on the page you can access to see if the dentist you wish to see has a disciplinary record.

You can ask for a written treatment plan.

If you have sued a dentist in the past, you might find dentists in your area are reluctant to take you on as a patient.

Thanks for the link. One bullet point stated: "Performing unnecessary work or unauthorized services." One dentist tried to drill on me without telling what he/she was doing. I believe that is illegal.

 

[cbg]

I have a reason for asking this. Do you have dental insurance?

 

[quincy]

Thanks for the link. One bullet point stated: "Performing unnecessary work or unauthorized services." One dentist tried to drill on me without telling what he/she was doing. I believe that is illegal.

It would only be illegal if the dentist “drilled on you” without your knowledge and consent. If you made an appointment with the dentist for a specific procedure (e.g., to have a cavity filled), the drilling would not be without your knowledge or consent.

You (usually) will sign a consent form when you go to the dentist’s office.

You might have a hard time finding another dentist if you go to a dentist believing the dentist is out to get you. A dentist has a valuable professional license to protect. In the majority of cases, a dentist will not jeopardize this license by violating the rules that govern his profession or by violating the law.

Is the problem more that you are “afraid” of dentists? This is actually not all that uncommon a fear. If so, you might benefit from dealing with this fear first (therapy) before sitting down to have your teeth cleaned or repaired.

 

[VeryCautiousPerson33]

I have a reason for asking this. Do you have dental insurance?

I am not sure what the reason is because i pay cash. Money is not the issue if that's what you are wondering.

 

[zddoodah]

I will obviously go see an attorney for advice

Advice about what? Sounds like you'd be better served by a visit to a mental health professional because your post speaks of some serious paranoia.

what sort of evidence do i need to protect myself?

Huh? Protect yourself from what?

For example, a dentist has to diagnose you first, and then give you a treatment plan. Does that have to be in writing?

No, but most dentists will make notes in their patient files regarding treatment plans.

Because something in writing will stand up in court better than what he says?

I'm at a loss at this point in your post to understand why you think you might end up in court or why you think your desire to see a dentist raises any sort of legal issue.

Can a dentist refuse treatment for something simple and not extraordinary difficult?

Yes.

Can you sue a dentist for refusing?

Anyone can sue anyone for anything, but refusing service to a patient is not typically something for which a lawsuit would be appropriate or successful.

Where can i go to see if a dentist has previous complaints or lawsuits? The court house?

Yup. Also, New York courts have an online case search tool.