Legal Question in Personal Injury in Texas
Dental negligence?
I am a dentist. A patient has threatened to sue over a broken implant supported bridge. She originally agreed to implant surgery and implant bridgework. The implant surgery was fully successful. This patient was noncompliant with suggested appointment scheduling by delaying treatment for about 2 years then announcing that she was moving and needed it finished ASAP. The bridge was made in the normal way, porcelain fused to metal, and seated. The dental technician, dental assistant and I agreed that it looked fine. The patient didn''t like it. We agreed to modify it into an acrylic fused to metal bridge. The acrylic bridge was finished. She wouldn''t come in for adjustments then moved out of state. Shortly after the move, the bridge broke. Now she wants all her money back for the bridge so she can start from scratch. Am I liable for a full refund, to just to repair the final version that broke or nothing? What is your gut feeling of how this would go if it went to trial?
3 Answers from Attorneys
Re: Dental negligence?
You're a dentist? Do you make internet consultations and tell people your "gut feeling" about the condition of their teeth and gums and your recommended treatment? See a lawyer and pay the price of a real consultation.
Re: Dental negligence?
Under present law..she would lose..AND most lawyers would not accept as not economical...and they will have an almost impossible time to obtain an expert...Medmal cases are on the decline because plaintiffs must hire experts to prove their cases before filing a lawsuit...and it is expensive
Re: Dental negligence?
The critical question for you is whether your work was below the standard of care. To prevail, your patient will have to find a dentist who claims your work was negligent. Also, the patient will have to convince a jury that you were negligent. This is not easy to do in a malpractice case since you will likely testify you did nothing wrong and have an expert who would say the same. The patient also must find an attorney who would be willing to take the case. It does not sound like an economically viable claim since the patient would have to pay an expert and that expense would not be recoverable at trial. So my gut feeling is that this claim will not lead to a lawsuit especially since the patient no longer resides in Texas.
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