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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5212
Experience:  Licensed to practice before state and federal court
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My dentist replaced an old bridge in my mouth and it doesn't

Customer Question

My dentist replaced an old bridge in my mouth and it doesn't fit. She has replaced the new one but it still doesn't fit. Now she refuses to do any more. I wanted her to build the new one to match the fit of my old one but she said, "no way, that isn't how it's supposed to be". My mouth isn't like other people's mouth and she admits that but still won't make the bridge like the old one, which I had had for probably 50 years, which is how my mouth is accustomed to being. Now I have to pay another dentist to fix my bridge. I'm considering suing her for the $3800 I'm still paying for.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Boulder, colorado
JA: Has anything been filed or reported?
Customer: No. I don't know where to begin.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Other than she's like Nurse Ratchet? I felt she completely brutalized my mouth in giving shots, which left my cheek bone sore for days, she ignored my complaints that she was really hurting me, saying she had to... I've never had a dentist be so uncaring about patient comfort.
Submitted: 1 month ago.
Category: Legal
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 1 month ago.

Thank you for your patience. This to me sounds like a classic case of negligence based on medical malpractice. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” Better stated, “Did the dentist’s actions fall below the standard of care for a reasonable dentist in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

This appears to be a classic breach of contract because she did not fix your mouth in the manner that you agreed to. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.