Legal Question in Medical Malpractice in Virginia
Dental malpractice
I am suing my dentist for breach of contract and misrepresentation, breach of fiduciary duty, and breach of express warranty. The later counts are directly tied to the breach of contract. Why does the court keep insisting that I need expert review by a physician. The case is about whether or not they sold me ''high noble'' crowns. The sale of crowns (movable objects/goods) and the breach of contract are under the purview of the U.C.C. Any advice? Do you know of any case law that supports favors the plaintiff for medical breach of contract for objects sold or misrepresentation of the item on bills and insurance documents?
1 Answer from Attorneys
Re: Dental malpractice
Believe me, without the expert review
of the issue in controversy and resulting opinion which supports your view of matters which the court is apparently now demanding, whether it involves "high noble" crowns which were allegedly sold to you by the defendant dentist, or something else(to which the cout also assigns material probative value), you will not prevail in the matter under litigation, unless such expert opinion is provided for and admitted into evidence.