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It appears that you may have a malpractice/negligence claim as well as a breach of contract claim for falling to complete the work promised at the third visit.
All medical malpractice actions for injury must be brought within two years from the date the cause of action accrued, which is the date of injury or last act of negligence. Va. Code Ann. §§ 8.01-230 & 8.01-243(A)
The VA Supreme Court holds that continuing treatment for the same conditions tolls the statute until treatment ends. Grubbs v. Rawls, 235 Va. 607, 369 S.E.2d 683 (1988).
SOL on written contracts is 5 years and 3years for oral contracts.
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Yes, you can sue the dentist's estate within the 2yr limitations period even if the dentist has died. You will need to find out who the executor of the estate is. The proceeds from the sale of the practice are what you can go after.
If the dentist had a malpractice policy, his estate would need to report the claim to the insurance carrier and they would likely hire a lawyer to defend the dentist's estate on your claim. But, you would not sue the insurance company directly.
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