Dentist took funds for procedure and didnt complete treatment.Left client in severe pain. Breach privacy , Emotional Distress
My dentist collected Monies for Invisalign treatment,didnt complete and didnt provide retainer , but dismissed me from his practise without refunding any part of the money.
he also collected monies for a Implant surgery, prescribed no pain medication post op causing me to suffer needlessly for 2 days.
I complained about same and was embarrased in front of his office staff and other patients, i was also dismissed without being seen.
was in severe pain , with swollen bleeding post op site when I was dismissed without being treated.
he did not refund any part of the funds.
Main conclusion, Emotional distress , failure of Dentist to treat me the way clients are normally treated after such procedures ( postop.)
Do I have a strong case?
This sounds like a contract matter. Have you filed a complaint with the State disciplinary Board for dentists?
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
When suing a doctor for breach of contract, you have to prove that it was a procedure you would not have done without an explicit promise of a good result. You should have the doctor’s promise in writing or one reliable witness. Because otherwise, it will turn into a dispute, with you on the losing end. Results have to be far below what you could reasonably expect, and your expectations must be reasonable.
Good luck and please note that since I am not your lawyer that this is not legal advice.
Your facts suggest a breach of contract claim may be warranted but fail to justify the expense and time required to prosecute a dental malpractice claim.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
Might have a breach of contract claim for the invisalign