Q: I had poor dental veneers done and as a result I have pain. Can I get work to fix it without jeopardizing a legal claim?
A new dentist has taken X-rays, pictures, molds. My old retainers show that my teeth were made to be extremely long and my bottom teeth are completely covered when I bite. I have headaches, jaw pain, teeth clenching, pain from the dentist grinding down my teeth to try to fix the bite but leaving open areas, ledges near my gum on the backside, and protrusions that still hit when eating. I’m exhausted and can’t sleep well. The doctor isn’t responding to requests for refund. I’ll need to pay $11k to fix this. Clearly I’m going to need to file a lawsuit… that can take weeks or months. The other dentist will take me in and work on it immediately. Does getting this work jeopardize my case?
A: It's possible that it could - but it would be difficult to say with certainty. Such a setting could be analyzed from different perspectives, one being that destruction or correction of the subject matter could prejudice the ability to examine the condition which is the contention of a claim. It could be argued in other ways as well. The opinion of a dentist here in terms of decision-making in the interest of health might be more fundamental. Good luck
A: Sorry to hear what you've gone through. Will getting dental work affect your claim? Yes, but not necessarily in a bad way. If you file a malpractice lawsuit and did not yet have the work, you would claim as an item of damage the need and cost of the future treatment. If you already underwent the work, you would claim as an item of damage the treatment itself and its cost. Either way it'll be part of your case. Moreover, you have a duty to mitigate your damages. Not getting treatment because you're worried that it will decrease the perceived value of your case is not, in the eyes of the law, a reasonable excuse for not getting the treatment at all. Finally, given the cost and complexity of dental malpractice lawsuits, they generally only make sense if you've suffered a serious, permanent injury. You might have a hard time finding an attorney willing to take on a case with limited economic damages and/or a condition that can arguably be corrected.
Tim Akpinar agrees with this answer
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