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STUCK IN AN UNFAMILIAR PROCESS!

Asked about 3 years ago - Cleveland, OH

Lawsuits

I filed in small claims court for the cost of replacement of a tooth my dentist broke while trying to pull an adjacent tooth. She promised to cover the cost while I was sitting in her chair and now she has no recollection of her promise. The judge dismissed the claim after the dentist attorney filed stating that I had violated the rules of a malpractice case. My understanding is that any claim, tort or contract, against a dentist in this matter is considered a malpractice claim. I had no intention for this to be a malpractice case. It is hardly worth the cost of pursuing such; I simply wanted to collect on my financial loss. Now, the dentist's attorney has petitioned the court to go beyond dismissing the claim and has requested a ruling in her favor. Ok-at this point, I am clear that I can not recover my loss. Here is my question: can the attorney come after me to pay the dentist's legal fees?

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Because the case was never heard, can I be subjected to a suit filed against me by the dentist simply because I filed?

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Attorney answers (1)

Christopher Joseph Tamms

Reputation Level 15

Answered over 2 years ago. Child Custody Lawyer in Dublin, OH.

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Generally no. In most cases a plaintiff does not have to pay a defendant's legal fees when they lose a case or for filing the case in the first place. Can you imagine what kind of chill that would place on legitimate lawsuits everywhere? You might have to pay court costs, but those should be fairly minor. If your initial lawsuit was frivolous or completely without merit you might have to pay attorneys fees, but such findings by judges are rare.

In Ohio, to file a malpractice claim, you have to have what's called an affidavit of merit from (in your case) a dentist who devotes 75% or more of his time to practicing dentistry. The dentist who fixed your tooth might be able to provide you with one. Keep in mind that an affidavit of merit is basically a written opinion by a medical professional that a fellow medical professional did something wrong to warrant a malpractice suit. Many professionals simply won't sign them as they don't want to rock the boat in their own community of professionals. That's why often you have to get a malpractice attorney who will be able to get your medical / dental records to someone who will sign such an affidavit (often someone form out of state or outside your locality).

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