Legal Question in Medical Malpractice in New York

Before my orthodontic treatment plan had been successfully achieved, the orthodontist informed me that the work was taking longer than he expected, so he would not be completing it because he was not making enough money off of this job (p.s. our contract was a fixed, lump sum fee).

He used the excuse that "medical practioners do not warrant that their treatment will be successful".

I understand that cliche, generally speaking, is true. However I'm skeptical it would be a legitimate excuse in this sort of situation.

I'm particularly wondering if there is any CASE LAW which would refute the suggestion that a dentist who walks away from a job for a reason such as this would be protected by legal platitude that the outcome of medical procedures is not guaranteed.

Anyone?


Asked on 2/16/10, 10:08 am

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

I would be more than happy to meet with you in person and do some research on your behalf. Please contact my office via email and let's discuss.

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Answered on 2/21/10, 10:47 am


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