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Re: Dentist chipped 5 teeth

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Re: Dentist chipped 5 teeth

Steven Bornfeld12 Jan 2005 14:09
> he was fitting a splint with acrylic to make it more snug. It got hard and
> he couldn't get it off so he was sawing and prying it off of my top teeth.
[quoted text clipped - 13 lines]
>
> Thanks

    First of all, anyone can sue anyone for anything.  A successful law
suit is another thing.
    What you are supposed to prove for a successful law suit are negligence
and damages.  You certainly have damages, but whether what was done
rises to the level of negligence is not self-evident.  Getting acrylic
devices locked onto teeth is something just about every dentist has
done--yours truly included.  Utilizing enough force to break teeth is
another story--but we know nothing about how he tried to remove the
splint, what kind of shape the teeth were in beforehand--which can
change the way the damages are viewed.
    From a practical standpoint, since malpractice cases are taken on a
contingency basis, unless there is a potential large payday you aren't
going to find a lawyer to take your case.  Lawsuits are expensive to
bring, and few lawyers (unless they're really hungry) are going to take
a case where the damages are a couple of minimally damaged teeth.
    You also haven't told me whether you have given the dentist the chance
to put things right.  If the dentist has offered to repair the damage
and you refuse to see him again, the legal and ethical situation is not
too clear.
    In short, it is not clear whether this is incompetence or an
unfortunate accident.  Give him the chance to fix the teeth, or at least
discuss the issues with him prior to going to a law suit.

Steve

Jen12 Jan 2005 05:02
he was fitting a splint with acrylic to make it more snug. It got hard and
he couldn't get it off so he was sawing and prying it off of my top teeth.
The torque from prying chipped my front 4 teeth along the bottom edge. Also
one on my crowned mo was chipped.

I was terrified while all this was going on and there was pain from all the
torque. This took 2 1/2 hours.
I was sore and scared and left after they cleaned up the mess.

I went back after several days and he confirmed all the chipped teeth.

My teeth are still chipped and even though they aren't huge chips I am of a
mind to sue him.

Any thoughts please? What are my rights.

Thanks

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