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I am not satisfied with the work my dentist provided, can I get my money back and get a second opinion? What should I do? Help

Asked over 2 years ago - Brooklyn, NY

I had a root canal and crown done at my dentist.The first time I went for the crown, my dentist realized that the metal part of the crown was made too high that he trimed all the porcelain I still dont get a good bite.He said that he would have the lab redo it. I told him that I would want the lab to start from fresh, not just put another layer on top of the already metal-showing crown.My dentist agreed.I had my crown a couple weeks later.Six months later, metal is showing on that crown.a different dentist from the same clinic claimed that it's very common.They sent the crown back and the lab just put another layer on top.He agreed to give me a new crown but he will have to cut my real tooth even more to have space for the crown and he cannot gurantee I dont have the same problem. Help!

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Attorney answers (1)

Jeffrey Michael Donato

Reputation Level 14

Answered about 2 years ago. Personal Injury Lawyer in Bohemia, NY.

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Unfortunately, in my opinion, you are probably stuck with the bill. Most doctors/dentists/other health care professionals will have you sign a document commonly known as an "informed consent". In this document you are basically releasing the medical provider from all sorts of liability based on the treatment provided. It is quite likely that the release you likely signed for the dentist will cover almost any contingency except for provable negligence or intentional error. To prove negligence you will need to get another dentist to say that what the first dentist did was outside the realm of what a reasonable dentist would have done under the same circumstances. As I am sure you understand, there are not many dentists out there that are willing to testify against another dentist (for fear that it will be done to them in the future). Usually, paying them fees for their testimony (time & opinion) (yes this is common and legal in the field) will get a dentist to agree to do so, but it is quite expensive. You will need to consider this in deciding whether or not you want to proceed. The cost will come out of your pocket to pay for expenses (including doctors fees), and then you will need to sue for reimbursement from the 1st dentist. It is a mess and frequently the doctors do not want to settle (to protect their reputation) until the very last minute. Although you live in Brooklyn (which is one of the best areas to bring the type of lawsuit), the extent of injuries to you must be shown to recover. I think you need to consult an attorney that practices in New York (5 boroughs & Long Island) and to give a more complete picture to get a better response. I hope this helps you. Good luck.

THE ABOVE ANSWER AND ANY SUPPLEMENTAL RESPONSES ARE NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. NO ATTORNEY-CLIENT PRIVILEGE OR ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY THIS OR ANY OTHER RESPONSE TO YOUR QUESTION. FOR LEGAL ADVICE, PLEASE CONSULT AN ATTORNEY.

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