Is my lawsuit for small claims or standard court/is there malpractice/negligence involved?

Asked over 3 years ago - Boca Raton, FL

I went to a dentist that refused to address the issue I came there for and told me to come back when I had the money (root canal) and to otc pain relievers in the mean time. He filled 6 teeth, claimed they all needed root canals (after they were filled) and claimed that 4 teeth needed pulling, he said and did all this work without recent xrays. A second dentist did new xrays and only 2 teeth needed root canals, 1 tooth pulled, the 1st dentist filled in over decay, their fillings fell out in 2 days and filled in only 1/2 of a tooth. Is this small claims or regular court with punitive damages, malpractice or negligence?

Attorney answers (5)

  1. David Thomas Aronberg

    Pro

    Contributor Level 12

    Answered . It sounds like you may have a viable medical malpractice case that should be filed in Circuit Court (not small claims) in Palm Beach County, Florida. Would the second dentist be willing to testify vesus the initial dentist?

    Not so sure about punitive damages. Sounds more like a medical/dental malpractice case.

    Feel free to call my office in Delray Beach at 561-266-9191.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You would need to assess your damages and determine if they exceed the maximum for small claims court. Always best to get a free consultation with a dental malpractice lawyer in your city to discuss.

    The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

  3. John Ellis Ellsworth

    Contributor Level 8

    Answered . First you need to get the requisite work done by a competent dentist. He will then be able to address what, if any, shortcomings were involved in the first dentist's approach and work. It sounds like there was quite a mess but the fact that the first dentist proceeded without x-rays sounds very suspicious to me.

  4. Edward Cranston Harper

    Contributor Level 9

    Answered . Malpractice against a health care provider is also known as professional negligence. The claims arise when a professional (doctor, lawyer, accountant, etc.) fails to meet a reasonable standard of care. Thus, a similar professional is needed to support the claim and criticize the work performed. This can be quite expensive and is why these claims are so difficult to bring.
    The claim for any negligent act relies on four principals:
    1. There was a duty to act reasonably
    2. That was breached
    3. Which proximately caused
    4. Damage either financially and/or physically.
    Thus, one who has sustained damage due to the fault of a professional should seek the advice of an attorney to determine whether the case is worth pursuing.

  5. Robert Allen Shipley

    Contributor Level 11

    Answered . You should contact an attorney who can obtain all of your records so they can be reviewed and evaluated by a well qualified, competent dentist and/or endodontist. Only after the records are reviewed can a determination be made whether there is a valid claim for negligence.

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