Q: Expert report uncovered over-treatment in my ongoing dental malpractice claim. Can I file a new claim for those?
Alternatively, can I file a separate small claims for reimbursement (under 15K) while civil case is ongoing?
A: Small claims is capped at $10,000. You may be able to amend your original pleading to add the new claims. Filing a separate claim in small claims court may not work; the opposing party may make a motion to combine, i.e. "Join," the claims together to promote judicial economy.
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