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Can dentist perform dental treatment without patient consent form? Can dentist touch and pressure patients into treatments?

Los Angeles, CA |

dentist fitted fixed brace over my infected tooth without persmission. My emails and mobile conversations confirm he was aware of the problems with earlier root canal tooth 19. He had taken previous xrays, but, he ignored in favour of fitting appliance. Within 3 weeks tooth 19 infected. Dentist by way of apology promised to amend and make good - but, in stead i was threatened with arrest. When i complained about new fees $6k. I had to have emergancy extraction tooth 19 with another dentist. I now have offer of refund $3,600 - but, his lawyer insist i sign a patient release form.

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Attorney answers 4


See a lawyer before you sign anything.


Th answer is no. A dentist cannot perform services and charge you for them without your consent. You may have a dental malpractice case and you should consult with a medical malpractice attorney before signing anything, as my colleague has stated. Good luck!

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


I would recommend that you contact a dental malpractice attorney to discuss your claim with. Find one in your local area right away and in the mean time, do not sign any patient release form or you will lose all of your rights to any further award. Good luck

The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also terms and conditions item 9, incorporated as if it was reprinted here.


No, contact a local dental malpractice lawyer to investigate.

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