Legal Question in Credit and Debt Law in Arkansas
Can I Counter sue against dentist who did not properly fix tooth
I went to the dentist to have a tooth extracted. He wanted to do a root canal instead. I agreed to the root canal if it would save the tooth. The tooth broke in half about a week after the root canal, and I refused to pay the remainder of the bill that my insurance did not pay. I have now been summoned to court on this matter. Can I file some sort of counter suit, because the work was not done correctly?
1 Answer from Attorneys
Re: Can I Counter sue against dentist who did not properly fix tooth
In our adviserial system of justice, you can always counter sue. There are several theories under which you will be in good shape.
His Defense will be that medicine is not an exact science and "it" happens. Your counterclaim sounds in medical mal practice in that 1) he advised you incorrectly and as a "lerned intermediary" gave you bad advice causing you to lose the tooth and 2)med mal in that he did not properly construct the tooth after the root canal and allowed it to break.
All of that having been said, you really need to take your records to an Atty where you live and have the Atty advise you pertaining to "this" suit. There are so many factors which will effect this case that to advise you to actually file a counterclaim without knowing more would be improper.
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