I had a crown put on a tooth to straighten the look of a tooth that was slanted because I was a thumb sucker as a child. I want to stress that there was absolutely nothing wrong with the tooth. It was completely healthy when this process started. A few weeks later, the tooth became very sensitive to temperatures. Anything hot or cold would cause some pain. I called the dentist and he told me this was perfectly normal in the first few weeks. Within a few months the tooth was hurting so bad that I went to the ER. They pretty much just gave me some ibuprofen, told me to see a dentist, and sent me on my way. The next morning, I woke up with my cheek swollen and in massive pain. I missed two days of work before I could even get an appointment with a dentist.
She took some x-rays and showed me that I have a massive infection and need a root canal treatment. She also showed me that this is likely because I have open margins. Margins she felt were very large. Now I have to have a root canal treatment as well as another crown. Plus, I’ve missed tons or work and have to pay for an ER appointment. All of which I would not have needed had my dentist done this correctly. Is there any way to recoup some of this money? I know the time is gone and there is nothing I can do about its loss, but I would like for my original dentist to at LEAST give me a refund, though I’d prefer they pay for the needed treatment because they caused it. I’m actually still paying for his crown. However, when I called the office to ask for a refund, they insisted me getting an infection was my own responsibility and I should have been better with my oral care.
Carmella
Dear Carmella,
I need to qualify this with the fact that I have not examined you or seen the x-rays. However, based on what you described it does sound like your dentist has violated the standard of care and you are entitled to getting these additional costs dealt with, though a refund may be a more likely goal.
There are a few ways to go about this.
1. You could of course try for a malpractice case, but they rarely pay enough to justify the time investment. Whenever you are going before a court, you will need an expert witness to testify that this was negligence. You already have a dentist with x-rays, so if you can ensure her cooperation, you may have a case. I can’t guarantee you’d win, nor that it will be worth your time, but you can discuss it with a couple of lawyers and see what they think. Some things going in your favor is that it led to a dental emergency, lost work, and additional expenses in the form of ER bills, root canal, and a new crown. Plus you’ve had a fair bit of agony.
2. You can threaten to go to the dental board. Most dentists do not want to deal with that, so it might be worth it to them to make this right.
3. See if the second dentist would be willing to call the first dentist and verify that there was a problem with the work. Sometimes, hearing from a peer can spur a dentist to make things right to save their reputation.
4. Let them know that if they don’t make it right, you will be leaving a warning to other patients on the review sites of what to expect if they go there for treatment.
5. See if a lawyer will write a threatening letter on official letterhead. This is cheaper than a lawsuit, but may convince them you’re willing to go to court and they would be better off to settle.
One of these should help you get that refund.
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