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I am a dentist who had a P.A. A former associate who was an

independent contractor made a set...
I am a dentist who had a P.A. A former associate who was an independent contractor made a set of dentures for a patient who was dissatisfied. I offered to examine the patient but the patient refused. She was refunded her money in full. The patient is now suing me personally for negligence for one and half million dollars. She claims the dentures reduced her ability to taste and created numbness in her upper lip. I never treated her and she refused to return for a follow up examination. This is a removable appliance and I have never heard of these hinds of problems caused from new dentures. Does she have a case? Should I countersue for defamation and filing a frivolous claim?
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Answered in 10 minutes by:
11/1/2011
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,089
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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First, it is a malpractice claim and she would have to provide a medical expert to conclude that what has happened was beneath the duty and standard of care on your part. However, if the patient refused examination, then this is part of your defense.

Under FL law, she must include a verified written medical expert opinion corroborating that there are reasonable grounds to believe that each named defendant was negligent. Fla. Stat. Ann. § 766.203. Also, as you are denying negligence, you must also provide a corroborating verified written medical expert opinion.


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Customer reply replied 6 years ago
Specifically what I want to know is am I liable for dental work performed by another dentist working for my professional corporation as an independent contractor? The way I read your answer it appears that you thinkthat I had done the dental work in question
Yes, FL does have vicarious liability for those who are contractors or employees of a professional corporation, but it would be the professional corporation who is liable. As far as you personally, you would be liable only if they can prove you were negligent in selecting the P.A. or you were supposed to actively supervise the P.A. and negligently failed to do so.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,089
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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