Legal Question in Medical Malpractice in Virginia

Dental Nightmare

About a year ago, my dentist retired and I went to his replacement for a checkup. I was in NO PAIN at the time. I was told 4 fillings should be replaced. With some misgivings, I agreed. When the ordeal was over, I was in a great deal of pain. I went back several times before I left the practice for the last time. I'm seeing a wonderful dentist now, but she had to perform a root canal and crown on one of the teeth he filled, and now I am possibly facing the same procedures for TWO more of the teeth the incompetent DDS filled. I would like to sue for the charges I am incurring to have his shoddy work repaired, and the time off work--I'm self-employed, with no paid sick leave. (The new dentist is too professional to say that the 1st DDS did lousy work, but she has implied that she agrees with my opinion.) Should I ask her if she is willing to testify? Can I sue the lousy DDS to pay the legal costs as well? Thank you for your advice.


Asked on 5/14/06, 9:38 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Dental Nightmare

Sure, you could sue the "lousy DDS" but without

expert testimony to substantiate your claim that the particular work done on your mouth fell unacceptably below the prevailing standard for such care in the community at that particular time, you could not prevail. And, of course, such testimony would in all likelihood have to come from the mouth of one of the local DDS practitioners. And it would not appear from your description of matters that your current dental practitioner would be particularly eager to be first in line to offer such testimony.

Consequently, I guess you can figure out the rest.

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Answered on 5/14/06, 10:43 pm


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