Legal Question in Medical Malpractice in California

Do I have a Dental malpractice case?

I had a tooth that needed pulling and some cavities to be filled as well as a root canal. Due to my fear we decided to do it all at once with the assistance of a valium that morning and nitrous oxide. We arranged a payment plan and I went in for my appointment. The office manager however decided she was not comfortable with the payment plan and told the dentist to ONLY start the root canal, which was not the tooth bothering me. The one needing to be pulled was the tooth that brought me in. They never said anything so when the valium wore off and I realized that they didn't pull the tooth we called them back to ask why they did not do all the work. That's when they said they changed their minds about our payment schedule. Should they have notified us first and let us make the choice as to which tooth to be worked on in this case? I feel that they simply decided to do the most expensive project first and then be able to charge me the extra for the nitrous oxide each time I came in rather than get it all done at once. Do I have any type of malpractice suit?


Asked on 8/24/04, 2:01 pm

3 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Do I have a Dental malpractice case?

I don't think you have a malpractice claim. However, I think the dentist acted unethically and at a minimum you should report him to dental board.

Also, it is a breach of contract to unilaterally change terms that has been agreed upon. I would not go back to this ass hole. Find another dentist.

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Answered on 8/24/04, 11:07 pm
JEB Pickett Wynne Law Firm

Re: Do I have a Dental malpractice case?

No, you do not have a malpractice action. If you are satisfied with the dental work and would like to continue with the dentist, insist that they should have honored their payment plan and ask him/her to perform the subsequent work, without charge for the anesthesia.

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Answered on 8/24/04, 2:09 pm
Barry Snyder Snyder Law

Re: Do I have a Dental malpractice case?

No, you do not have a dental malpractice case.

You needed a root canal and received a root canal treatment, which was apparently performed well. There certainly was a lack of communication and you should have been given the choice but that is not professional malpractice.

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Answered on 8/24/04, 2:11 pm


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