In 2012 or 13 went to dentist they did root canal and crown, the crown fell out after about 2 or 3 month been back several times last a little while falls out again, went to different dentist they said didn't like looks of tooth that crown was to stay on , took xray said didn't like the looks of it. Have been in pain now different dentist cut away gum to try to get crown to stay in. I believe I'm due a refund ??? The original dentist left the office where I had crown done.
Awfully log period of time has passed. Hard to say anything is actionable here. Maybe file a complaint for work not done properly.
Your first issue is whether it is simply too late to make a claim. All cases of professional negligence must be filed within a certain time or all rights to make a claim are forever lost. You should only rely on an attorney from your state regarding the statute of limitations. I am not from your state. My understanding is that you have a 2 year time limit in your state. There may be exceptions however. In some states for instance the time period does not start to run until the patient leaves the care of the particular health care provider at issue.
Malpractice is care and treatment that falls below the standard of care and causes injury. A dentist telling you she "didn't like the looks of it" is not evidence of malpractice. In addition sometimes when a dentist or other health care provider does everything right, the patient does not get better, may get worse and sometimes a new problem develops. There is only one way to find out for sure. In order to pursue any medical negligence case it is necessary to show a deviation from the standard of care--basically meaning the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your medical records and have them reviewed by a medical expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured. An additional problem you have, and please understand I am not minimizing what you have gone through and continue to experience, is that the costs of bringing the claim --if there is negligence--may outweigh the potential recovery.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
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