Very generally and quickly here, your friend could likely sue in tort for battery if they truly did not consent to the filing. Your friend will have to have enough evidence, prove their case on the balance of probabilities, claim damages.
I think that's about it, I'd give you a more detailed breakdown but I'd have to get more details on the case and currently I don't have time for that.I know for sure there's a few others on here that can give you good legal advice though ...
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May 24th, 2008 04:24 PM #1Newbie
- Join Date
- Apr 22nd, 2007
- Location
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- 8
need advice for sueing a dentist
well someone that i know went to the dentist for their yearly teeth wash.
you know the thing that the dentist does to make your teeth even out? like how people file their nails?
well one of this person's teeth at the top was pointy and the dentist ended up file-ing the person's teeth and ended up making it too short.
it's one of the teeth on the left side of the two front tooth so it's very visible to see that the teeth that got filed is short.
the dentist did not ask if the person wanted their teeth filed and the person found out that their teeth got filed after he/she looked in the mirror.
is this a situation in which the person can sue the dentist?
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May 24th, 2008 04:42 PM #2_______________
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May 24th, 2008 04:46 PM #3
How did they not notice they were getting their teeth filed? Last time I got a tooth filed you could notice something more than teeth cleaning was being done.
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May 24th, 2008 04:49 PM #4
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May 24th, 2008 05:08 PM #5
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May 24th, 2008 06:15 PM #6
I have never heard of a yearly "teeth wash" or "the thing that the dentist does to make you teeth even out"
I get my teeth cleaned ever 6 months, and have fillings when needed.
Making a tooth to short sounds very subjective though. You only have so much tooth to file. Perhaps your friend in over reacting.
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May 24th, 2008 06:17 PM #7
I never got any when I had mine done; plus the noise from bone vibration is pretty distinct from any other procedure, even if you had local anesthetics and couldn't feel the filing being done. (I thought the spray stuff just numbed your gums whereas the needle stuff froze your entire jaw. If they were frozen, then ok, I could see now they might not feel it, but then how did you not feel a needle in your gums?)
There's got to be more to this story.
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May 24th, 2008 07:57 PM #8
My insurance plan only covers yearly cleanings/checkups, so I only go yearly.
Anyways, it's understandable for the patient not to realize their teeth is getting filed, or object. When you're already nervous sitting in the dentist's chair, you tend to just open your mouth and let the dentist do whatever, sometimes even trying to zone out.
It's his job to make you aware of what procedures he's about to do. By the time he felt the filing he should've already given permission.
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May 24th, 2008 08:32 PM #9
yearly teeth wash is probably engrish for yearly teeth checkup/cleaning.
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May 24th, 2008 08:44 PM #10_______________
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May 24th, 2008 08:58 PM #11
Does your friend know that this is probably a good thing? Having a tooth hit prematurely is a lot more serious than an aesthetics issue. However, if he/she is unhappy with the new length, it can easily be fixed with some composite resin or placing on a veneer. If your friend truly didn't agree to the procedure, the DDS would probably offer to fix it using one of those options rather than go to court. However, there's probably something in the client's original consent that addresses these types of issues. Think about when you go to get your cleaning - do you formally consent before the polish, before the fluoride, etc? They're all covered under the general release form, so maybe filing down teeth is too at this office, since it's such a minor procedure.
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May 24th, 2008 09:57 PM #12Newbie
[OP]
- Join Date
- Apr 22nd, 2007
- Location
- toronto
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- 8
the person didn't feel the dentist filing his/her teeth because he/she says that it felt exactly the same as when the dentist brushes his/her teeth.
he/she says that the dentists does his job in a very rough way.
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May 25th, 2008 02:22 AM #13
The long answer is:: no
The short answer is: anything is possible with a great lawyer
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May 25th, 2008 04:30 AM #14
Cleanings are typically done by a dental hygenist (though my dentist has done it on occasion). Any bite adjustment is definitely done by a dentist only; and typically, either is done on different appointments - not during the same one.
Either there's gotta be more to the story here, or that's some really whacko dental office. I've never heard of a dentist adjusting the cosmetic appearance of someone's front teeth like that during a cleaning appointment, let alone without the patient's permission.
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May 25th, 2008 07:09 AM #15
This story doesn't make any sense. You would definitely notice if the dentist went from a toothbrush to a file and started filing your teeth. It also probably takes more time than a wash to do. Even if I only go once a year I am always aware of what the dentist is doing.
Maybe this person is just a grinder and did it over time? Or perhaps the tooth broke while eating and went unnoticed?_______________
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