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A dentist gave me gingivitis by leaving a material filling…

Customer Question
A dentist gave me...

A dentist gave me gingivitis by leaving a material filling on my gum line and then refused to treat it. I filled a complaint with the state of Florida and they refused to punish the dentist. They said I could prove it was true. Can I sue the state?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

Yes

Submitted: 6 months ago.Category: Legal
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Answered in 12 minutes by:
12/31/2017
Lawyer: Irwin Law, Attorney replied 6 months ago
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,569
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Good morning. Thanks for using Just Answer. You cannot sue the state agency that licenses the dentist. The State is immune from that type of lawsuit. If the action of the dentist constitutes malpractice under Florida law, the dentist can be sued individually. S/he probably carries insurance for that. Private attorneys will work on a contingency fee which is a percentage of whatever they recover for you. Even if you cannot pay legal fees you should not hesitate to contact your own lawyer in this matter. Here is an article about dental malpractice suits that you might find helpful. https://www.cohenandmalad.com/indiana-dental-malpractice-suit/

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Lawyer: Irwin Law, Attorney replied 6 months ago

Hello again. Do you have a follow-up question? If not, please don't forget to enter a rating (hopefully ‘Five Star’) by clicking one of the boxes at the top of this reply. There is no additional cost to you. Thanks again for using JUST ANSWER.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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