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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99982
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What can be done to or about a dentist that did work and

Customer Question

What can be done to or about a dentist that did work and pulled teeth that didn't need done. Two crowns ( one was that he crowned was next to the bad tooth!!) I went in to have veneer put back on and a top jaw tooth crown looked at / fixed. I have two different to the one we planed on with my first visit and the one they gave me when the dentist was done after three hours!! My teeth that he did are crocked and I can't close my teeth together. I cant eat properly because the teeth don't allow me to chew correct. They did work that is not covered by my insurance and now told that I have to pay for the bridge and other tooth he pulled , over $1900.00. So much much more!
Thank you *****
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XXXXXXXXXXX TX
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. This sounds a bit like medical malpractice.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

As stated before, this would fall under medical malpractice. The necessary elements of medical malpractice are (1) a duty of the physician to act according to a certain standard; (2) breach of the applicable standard of care; (3) injury; and (4) causal connection between the breach of care and the harm. See Wheeler v. Aldama-Luebbert, 707 S.W.2d 213, 217 (Tex. App.-Houston [1st Dist.] 1986, no writ).

This applies to dentists as well. So someone in you situation would have to prove that a dentist in a similar situation would not done what they did, and what they did do was in violation of the standards of their profession.

An attorney is recommended. The attorney should normally take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

Often, the dentist has insurance which settles the case long before it even gets to trial.

Let me know if you need help finding someone in Texas.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

(I mean, if you need help finding counsel in Texas.)

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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