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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33057
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Morning just over 2 1/2 years ago I had teeth removed and

Customer Question

Morning my name is ***** ***** over 2 1/2 years ago I had teeth removed and implants done implants which are now falling out. The plate that was made was very uncomfortable therefore not letting me wear it, it would also wobble, I continuously returned to the dentist for this went on about 8 months. Since which I have seen a specialist who informed me not in so many words that it was a botched $15,000.00 job.
So as to now fix it will cost in the region of $27,000.00. I have approached the dentist office that it was done and told that they won't do anything about because he no longer works for them he has his own practice now Question #1 do I approach the dentist that did the work
And try to come to some sort of agreement to fix this
#2. Is the original dentist office he worked for at the time responsible..
Please help me with answers so maybe I can lead a regular life and be able to laugh and smile again
Thanking you in advance for your legal advice
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Question #1 do I approach the dentist that did the work And try to come to some sort of agreement to fix this

That would be an appropriate first step. However, let me issue one warning, if you end up having to get an attorney involved later then the matter isn't likely to resolve short of a lawsuit if you have already tried to resolve it yourself first. I usually recommend that, in case like this, the person consider hiring an attorney at the beginning and let them handle the negotiations. The attorney has much more experience at this than you are likely to have, one issue under your facts is that the contracts between the dentist and the clinic and you are going to be an issue at some point, and once the clinic says no they are more likely to not change their minds than if the attorney had handled it from the beginning.

#2. Is the original dentist office he worked for at the time responsible.

There is no way to know this for sure from your facts. You will have to examine the contracts between the dentist and the clinic as well as the paperwork you signed to know for sure. Many clinic, both medical and dental, have agreements whereby the providers are independent contractors and the clinic isn't responsible for their mistakes. Texas has long recognized this exception as a way for a clinic or hospital to avoid liability. If the dentist was an employee of the clinic then you can likely hold the clinic responsible, if they were not an employee but rather an independent contractor then you likely can't.

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