Accepted Answer

This is a medical malpractice case...or at least there is a good argument that it is one.

In a case like this, typically you would need to show that the dentist was negligent in her treatment and this negligence caused you harm in some manner. To show negligence you need to show that she violated the standard of care as would be expected from a reasonable dentist. If you can show this, you win. To prove this, you would typically need to have an expert testify as to what a reasonable dentist could/could not do under the circumstances in your case.


BUT you have a decent point...you are claiming not malpractice, but a contract claim...She promised me this and did not deliver. To show this you will need to prove her promise...that she promised satisfaction and that you contracted for that...this is a different issue than "she was negligent". In some ways harder to prove (need to prove her promise, and that was the contract). But I think you should stick to your guns in small claims court.

If the judge rules against you, you may be required to provide an expert to prove your case, but I would make the judge rule and perhaps it will be in your favor.






Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.   

Expert:	psimmons
Pos. Feedback:	99.5 %
Accepts:
Answered:	1/4/2009

Attorney

Law Degree, 12 Years of trial experience