Yorktown Heights, NY asked in Contracts, Medical Malpractice and Small Claims for New York

Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A certified highly rated orthodontist has confirmed that my bite is still misaligned and i’ll need at least 6 months treatment to fix properly. The dentist refuses to speak with me. I’ve tried many different ways and times to contact him but all i received was a letter in the mail informing me that i’m “not allowed to receive care at any aspen dental practice”. I have done nothing wrong and been very patient and polite yet I was avoided and banned? What kind of lawyer could help me out with this? thanks

2 Lawyer Answers
Jeff D. DeFrancisco Esq.
Jeff D. DeFrancisco Esq.
PREMIUM
Answered
  • Medical Malpractice Lawyer
  • East Syracuse, NY
  • Licensed in New York

A: You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice claims is that the costs, before legal fees, are around $20,000-$30,000, in addition to several years worth of legal work. As such, unless someone has very significant injuries it doesn't make sense for the lawyer nor the client to spent that amount of money for a case worth less than $100,000. I dont know what the value of your case is without looking at medical records, but based on your description it sounds like the case would be worth less than $100,000. There are some lawyers that would potentially take the case and perhaps send a demand letter to the dentist in the hopes of negotiating a settlement without incurring the costs of filing suit. Another option for you is sending a letter to the dentist yourself and ask that his insurance carrier contact you about the services they provided and threaten to contact a lawyer. For dental malpractice cases there is a review board who would look at the conduct of the dentist to determine if the case should be settled or not. Keep in mind the statute of limitations is 2 1/2 years from the date of the malpractice. There is potentially some extension of time for "continuous treatment" and due to COVID depending on when the treatment was rendered but I cannot tell for sure the statute expiration date without knowing more information. Best of luck with the pursuit of your case!

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Sorry to hear what you went through. Unfortunately, given the time and expense of malpractice lawsuits, they do not make sense unless you've suffered a serious, permanent injuries. A dentist's failure to fix your misaligned bite, although upsetting (but not necessarily indicative of malpractice), would not justify such a lawsuit. If your dentist is a member of the New York State Dental Association, you might be able to mediate your dispute. https://www.nysdental.org/for-the-public/file-a-complaint Good luck!

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