Monday, May 17, 2010

What are my legal rights with dental work?

What legal rights do I have with dental work? I paid $1600.00 for a crown and root canal. It was 6 months ago, and I have some slight pain and sensitivity. The dentist tried to fix the 'bite' 3 times, but it still feels the same.





What am I supposed to do about this?





Thanks.

What are my legal rights with dental work?
Try going to another dentist, one with a good reputation.


If he finds an obvious problem with the way the work was done, talk to an attorney or your state board. I'm thinking that it might be possible for you to be reimbursed by the dentist that did the work.





It's possible though that the sensitivity is normal. I've also heard of crowns "failing".
Reply:You hired a private contractor - a dentist - a carpender a plumber a doctor of any kind





Now you'd feel free to contridict a plumber or go shopping for quotes etc but a doctor/lawyer has created an atmosphere of impied superiority





That said they will have no difficulty applying laws that governm private contract work if it helps their cause








So - what are your legal rights ? The same as they would be if you hired a plumber and were not happy with their work








It depends on the contractual agrrement(s) you entered implied of written - You can sue - but that is a last resort as you will have alienated the guy you want to help you





So see what the terms of service are and then negotiate





If competely unstaisified file a small claims suit for what ever is applicable in your State etc











thddspc





When you hire a carpenter or other contractor you have a reasonable expectation of work done as well - Such as building codes and other reasonable work etc





The implied superiority - is seen in the comment -





If you hire a plumber and he does not perform up to a certain standard as a dentist - then you have rights to sue for compensation





You just believe they are different because that has been consistantly implied - until you accepted it as fact - Implication of facts is a wonderful tool - in that it almost never leads one to check out the truth -





I know it seems offensive to you - But as you have reasonable expectations of an electrician or a dry waller so would you a dentist or a lawyer -





They are merely independant contractors governed by the same principles of law - Independant boards of trade or medical regulations for ethics and so on exist in all trades and operate the same way





Look up Ornemental Iron workers and look through the self reglatory board and the look up the doctors From a legal stand point they are not different
Reply:A medical or dental professional is NOT like a carpenter or plumber. Unlike carpentry or plumbing, treatment in Medicine and Dentistry carries NO guarantees. No matter how good the practitioner is or the equipment or material he uses, sometimes medical or dental procedures do not succeed despite a practitioner's best efforts.





You are entitled to receive treatment at accepted standards of care established by the profession. If you suspect the root canal or crown were not done to the accepted standards of care, you should ask the dentist for a copy of your records, including all the x-rays that were taken. Then have either the state dental board or your dental insurance carrier review the records to see whether or not it was done to the accepted standards. If it is not, you have a case. If it is, you don't.





Hope this helps.


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