I have to take my old dentist to small claims court for work under the standard of care?

March 6, 2010 by admin · 4 Comments
Filed under: Law & Ethics 
dentist
eth phyap ratava! asked:

I have never gone to small claims and I am terrified. I have asked for a refund for the work that the dentist originally performed as well as the work that I have to do to repair it, is that fair? Should I have only asked for a refund? Please help, I have tried to be fair to the dentist through all of this, but what is fair to me?
In California
Will the court deem my request fair for asking for both a refund for her work and for the repairs?

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4 Responses to “I have to take my old dentist to small claims court for work under the standard of care?”
  1. cyanne2ak says:
    March 8, 2010 at 7:16 am

    You might think about getting another dentist to go with you to testify about what the actual standard of care is in your area. If you can’t prove this, you won’t win. cyanne2ak

  2. Jo says:
    March 11, 2010 at 7:10 am

    Small claims court isn’t all that scary, except that you have to state you case in front of everyone.
    Make sure you have all your ducks in a row. Dates, documentation, conversations and stuff like that.
    The judge will actually talk you through it.
    The big problem with small claims is that even if the judgment goes to you, you still have to figure out how to collect. If I were you and the judgment goes to you, report the dentist to the ADA and the state licensing boards. That will do more harm than collecting the money.
    Good luck to you. Jo

  3. laughter_every_day says:
    March 12, 2010 at 1:03 pm

    That is your question? “What is fair to me?” If you have a question about your lawsuit, please feel free to ask it. BTW, unless you have an expert witness concerning the standard of care for dentists in your community, you are going to lose. laughter_every_day

  4. Danny says:
    March 13, 2010 at 3:09 pm

    Couple of things about your situation here;

    Is the dentist just practicing himself, or is he a part of a cooperative clinic (i.e. is his place of practice named, maybe something like, “All Family Dental”, or is it just John Smith D.D.S.)? If he’s part of an incorporation or an LLC, consider filing against the business itself rather than the dentist personally, given that many times individuals working within the scope of the corporation are protected from lawsuits (that’s the main point of a corporation). To sue the business, you need to find the representing agent, you cannot sue against the business name directly in small claims.

    The other important thing to remember is that small claims court will only award you actual damages. Furthermore, you must not only justify, but prove your expenses. So in other words, if you need work done to repair that hasn’t been performed yet, there’s a good chance that small claims will not award you the money needed for repair work. Typically you have to be out of pocket already to get the money. Not always, but most of the time.

    If you’ve never done small claims, I highly recommend an ebook called, “Messing With the Man” that tells you how to do it, and much more. It’s a great resource for filing and winning your claim if you’ve never been through the process before. Danny

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