Dentist broke tooth while reattaching the crown. Can I sue?

[quincy]

It would not be surprising to learn that the dentist's deductible is $5k or even greater. And I'm sure that the dentist just loves to file claims on his malpractice insurance ... that must really help his rates.

A professional suffers harm to his reputation by having it publicly recorded that he has either lost or settled a malpractice claim against him. This can equate to a loss to the dentist that is far greater than $5000, Cameron, and this is something you are continuing to fail to understand.

Professionals have malpractice insurance for a reason and this reason is NOT so they can traipse off to small claims courts by themselves every time a client/patient is unhappy. Nor is it so they can open up their check book and write out a check for X amount of dollars so the unhappy client/patient will go away. It would be a serious mistake professionally for them to do so.

A malpractice attorney will handle any malpractice claim filed against the dentist.

 

[CameronNewport]

Liability insurance does not have deductibles. That would defeat the purpose of having it.

Absolutely incorrect.

http://www.equotemd.com/blog/how-deductibles-are-structured-on-medical-malpractice-insurance-policies/

 

[CameronNewport]

A professional suffers harm to his reputation by having it publicly recorded that he has either lost or settled a malpractice claim against him. This can equate to a loss to the dentist that is far greater than $5000, Cameron, and this is something you are continuing to fail to understand.

Right. Dentists never settle claims. And turning a small claims action into major litigation will certainly help him keep the claim under wraps.

 

[quincy]

Right. Dentists never settle claims. And turning a small claims action into major litigation will certainly help him keep the claim under wraps.

The dentist will have a malpractice attorney handle any malpractice suit filed against him because, one, that is why the dentist has malpractice insurance in the first place and, two, the dentist has a professional reputation to protect. His income depends on it.

If fstep files suit against the dentist, there will be at least one malpractice attorney involved (the dentist's) and there will be discovery. There will be an expert hired by the malpractice insurer to assess the merits of the action.

If fstep hopes to come out with an award of damages, he will need to spend some money. He will need to be examined by another dentist after having his past dental records forwarded to this new dentist. Even though he should have a malpractice attorney, he will need to have his new dentist and/or a dental expert ready to present sworn testimony supporting his claims that the original dentist broke his tooth which in turn led to the need for a dental implant. He will need to prove that the original dentist's standard of care was unacceptable and that the broken tooth was caused by the dentist's negligence.

Yes, it may cost the dentist $30,000 to defeat a $5000 claim that has no merit, but, once again, this is NOT just about the costs of a dental implant. It is about a dental patient accusing a dentist of malpractice. And, while I believe that after discovery, based on what fstep has said here, there will be a motion to dismiss and the suit will end there, in the dentist's favor, the money expended up to that point will already be high.

Insurers may not like spending countless dollars defending against nuisance claims filed against their clients, but they do it because it is their job. The insurance provider's malpractice attorneys will certainly try to negotiate a settlement when it is in their clients' best interest to do so, and most malpractice suits will settle. But the malpractice attorney representing the dentist has a duty to his client to fight any meritless claim filed against him, regardless of cost.

 

[CameronNewport]

The dentist will have a malpractice attorney handle any malpractice suit filed against him because, one, that is why the dentist has malpractice insurance in the first place and, two, the dentist has a professional reputation to protect. His income depends on it.

So the dentist will report it to his insurance carrier even though (1) his rates will likely rise, (2) he likely has a deductible that could be half the size of the claim or more, and (3) it's a small claims matter that he could easily make go away by settling.

Interesting perspective.

Yes, it may cost the dentist $30,000 to defeat a $5000 claim

I'd love to see the insurance company that will pay $30k to defend a $5k lawsuit. Any examples? I'm really learning something here.

The insurance provider's malpractice attorneys will certainly try to negotiate a settlement when it is in their clients' best interest to do so, and most malpractice suits will settle.

Oh, so now they do settle? But ... but ... but what about the client's "reputation"? Don't fall down while you're backpedaling. Good grief.

 

[ecmst12]

So it is an OPTION for malpractice insurance to have a deductible, but for some reason I doubt it's an option that is frequently chosen.

And the insurance company has a DUTY to defend against meritless suits, regardless of cost. They have a duty to protect their insured. They do not have a choice. They settle if the claim has merit, but if it does NOT, then they must defend.

 

[CameronNewport]

So it is an OPTION for malpractice insurance to have a deductible, but for some reason I doubt it's an option that is frequently chosen.

LOL. You guys fight every step of the way. "Deductibles don't exist!" "Oh, they do exist? Well, then they aren't common!" You're clearly just making things up as you go along.

Somebody else in the thread claimed that the dentist couldn't be sued in small claims court.

Quincy claimed that litigation was preferable to settlements, and later acknowledged that settlements are the most common outcome.

 

[ecmst12]

It's really easy to take statements out of context to support your argument, yet if you read the whole post, it's clear that you're wrong.

Small claims court is not ever the appropriate venue for a malpractice claim and the dentist's lawyer would not allow it to proceed there. Do we need to go around the same circle again?

 

[betachains]

I don't know about dental malpractice, but I have never encountered a medical doctor's malpractice insurance with deductibles.

And as already mentioned, the practitioner has way more than $5000 at stake. He may waive his fee just to get rid of your nuisance, but he is not going to pay for an implant. I bet he will contact his insurer as soon as there is a hint of legal action. In fact, malpractice carriers encourage their clients to report any case that *may* be actionable.

 

[quincy]

So the dentist will report it to his insurance carrier even though (1) his rates will likely rise, (2) he likely has a deductible that could be half the size of the claim or more, and (3) it's a small claims matter that he could easily make go away by settling.
Interesting perspective.
I'd love to see the insurance company that will pay $30k to defend a $5k lawsuit. Any examples? I'm really learning something here.
Oh, so now they do settle? But ... but ... but what about the client's "reputation"? Don't fall down while you're backpedaling. Good grief.

Yikes. I don't remember you being this dense before, Cameron.



(never mind. . . . .visions of a defamation thread just popped into my head )

 

[imjustsayin]

My question involves medical malpractice in the state of: NY

I went to the dentist to have a crown re-cemented because it was loose and they broke the tooth while removing it. What I mean is they broke the tooth the crown was screwed on to, now I have to get a very expensive implant. Ofcourse the dentist said it was already broken before and put the crown back on, but I know it was not like that because now I can't even bite down on it now.

Obviously I have no way to prove it wasn't like that before. So is there a legitimate case here?

fstep2,

Your crown could have been broken causing the loose fitting. When the crown was removed the tooth may have fallen apart because the crown was holding it together. A crown is cemented in place. An implant is a manufactured tooth screwed onto a post implanted in the bone. Did the dentist re-cement the crown on your broken tooth?

I suggest you revisit your dentist and tell him you are upset and why. If you are still unhappy, you may want to file a complaint with the NY State Board of Dentistry. Check out the Professional Misconduct, Unlicensed Practice, and Filing a Misconduct Complaint on their website.

 

[quincy]

fstep2,

Your crown could have been broken causing the loose fitting. When the crown was removed the tooth may have fallen apart because the crown was holding it together. A crown is cemented in place. An implant is a manufactured tooth screwed onto a post implanted in the bone. Did the dentist re-cement the crown on your broken tooth?

I suggest you revisit your dentist and tell him you are upset and why. If you are still unhappy, you may want to file a complaint with the NY State Board of Dentistry. Check out the Professional Misconduct, Unlicensed Practice, and Filing a Misconduct Complaint on their website.

Revisiting his dentist is a good suggestion. It is far better than jumping into a malpractice lawsuit.

fstep should also have an examination by another dentist prior to filing any complaint with the Board of Dentistry.

There should be some evidence of negligence before fstep considers acting in any way against his current dentist.

 

[mmmagique]

Right. Dentists never settle claims. And turning a small claims action into major litigation will certainly help him keep the claim under wraps.

I'll tell ya what, Cameron; my hubs often acts as a professional witness in dental malpractice cases. 99% of the time, he is hired by an attorney (because people who have a decent case have an attorney) But every once in a while, someone who has been turned down by multiple attorneys approaches my hubs to assess their case. He doesn't lie, and he won't make a case if one isn't there, so you can imagine how disappointed that 1% generally turns out to be.

But if you want to throw away your time and money on this, contact someone in your state who does professional witness work in the field your dentist specializes in (or general if that's the case) You'll have to pay up front, I'm sure, but at least then, you'll know if you have a case or you're just trying to suck money from someone who owes you nothing.

 

[You Are Guilty]

I don't want to get in the way of a good argument, so I'll just leave this here and slowly slink away.

http://codes.lp.findlaw.com/nycode/CVP/30/3012-a

 

[Ohiogal]

I don't want to get in the way of a good argument, so I'll just leave this here and slowly slink away.

http://codes.lp.findlaw.com/nycode/CVP/30/3012-a

There you go again, just throwing the LAW into all this. Good grief.