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Re: Dentist threatening to sue me!

Posted by cs on 8/4/2009, 9:01 am, in reply to "Re: Dentist threatening to sue me!"

Ah, Sasha . . . I agree that patients need a way to resolve issues like the one discussed here. Just want to point out, however, that in a way, your example points out the reason for the difficulties you and others have had in the past, or are experiencing now. Dental work that fails to meet expectations is not the same as a new roof that leaks. The fact that the roof leaks is proof that the problem expects. Failure to meet a patient' expectations is subject to interpretation. One way to deal with that would, of course, be a peer review — but for the reason I mentioned in my previous response, while possible sometimes, it can be difficult to achieve when the patient is dealing with a membership organization, the primary mission of which is to service its member dentists. A more practical path to success (in my opinion) is Small Claims Court. But there, one must provide hard proof (i.e., facts stronger than personal opinion) in order to win the case . . . And even if successful, it's often difficult to collect the judgement, though probably easier when dealing with a dental practice than an individual. An advantage of Small Claims Court is that both parties must represent themselves (no attorneys allowed). . . and if one side fails to appear, the other side usually wins the case. The downside is that there usually is a maximum $$$ amount the suer can request. If the patient has invested a lot more than the limit, winning the case may provide a sense of personal vindication, but little monetary sastisfaction . . . while from the dentist's perspective, it may be less costly to forfeit that amount (and keep the rest— especially if the loss can be offset by treating other paying patients during time wasted sitting around the courtroom waiting for the case to be called. BTW, one way patients can protect themselves in advance against poor workmanship is thru a contract. But like that roofing project you mentioned, the requirements for replacement probably have to be spelled out in detail. So it's important to read the fine print of any document you are asked to sign before your dental work starts. Though difficult, it's sometimes possible to clarify or modify the terms.

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