What elements are required under TN tort law to pursue a dental malpractice claim

Asked almost 6 years ago - Murfreesboro, TN

Claim for Small Claims Court? My sister's dental care using the Invisalign system (plastic trays) to straighten her top teeth did not work. Her top front teeth are still crooked & now there's a gap between the teeth. Initial consultation was with dentist's wife (Office Mgr) & my sister was never informed this system might not work but was shown how her teeth would look when done with treatment. The fee was $3,000. If additional trays thru Invisalign are not an option, as it needs to be approved by them as it still might not work, the dentist suggested applying veneers to each tooth (cost to my sister at $1,000 per tooth). I used Invisalign as my teeth were not too bad. My dentist informed me that people with very crooked or overlapping teeth should not use Invisalign but to do traditional braces. My sister was not given or informed of this choice. I looked up on the internet for "approved" Invisalign dentists in her area & her dentist's name was not listed. Do you think she has a case?

Attorney answers (1)

  1. John M. Kaman


    Contributor Level 20


    Lawyer agrees


    Answered . Yes, she should take her claim to small claims court and when she explains the problem should be sure to smile at the judge.

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