Q: to file a dental malpractice suit...the defendant must have a licence to practice dentistry to qualify as malpractice?
a man never licenced in dentistry ran a office, advertised cheap oral surgery, emergency oral care. i paid this man to fix a failing tooth and he says u will look like a movie star he ends up pulling most of my back teeth ground down frontal and glued huge fake teeth over the stubs....he kept giving me injections in my mouth. one day i see him on the news "fake dentist makes meth in make shift office". i called the person incharge of that bust and he told me to call Consum. affair. ive got expert testimony and report of the damage inflicted i filed a complaint thru consumer affairs and board of dentistry, an investigation was conducted and since the dentistry board only responsible for licencees. they turned it over to DA for criminal procescution and im keep waiting to hear or find out what happened why i was never contacted by victims witness, nothing. 6months later i call and they have no idea about the case at all saying the person incharge retired statue of limits is up to file
A:
more info needed.
are you just looking to be compensated? if so be sure to ask the DA to make restitution a part of the sentence.
you can probably still sue for negligence, battery, intentional infliction of emotional distress etc
is it within 3 years of the incident.????
A:
A suit against an unlicensed dentist would allege malpractice, battery and fraud. Any consent you gave is void was based upon false representations of qualifications by the defendant.
A fraud (deceit, intentional misrepresentation) lawsuit is required to be filed within three years before plaintiff either discovered facts constituting the fraud or with reasonable diligence could have (should have) discovered those facts, whichever comes first. Sun'n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 701; Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, 808; Kline v. Turner (2001) 87 Cal.App.4th 1369, 1374.
The delayed-discovery rule in fraud cases applies and is codified in California Code of Civil Procedure § 338(d):
“Within three years: (d) An action for relief on the ground of fraud or mistake…[is] not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.”
Assuming that you can get such a lawsuit filed timely, I have to assume that an unlicensed dentist is also uninsured, making the prospect of recovering rather slim. You should consider making a claim with the Victim Compensation Board. victims.ca.gov/victims/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
