{"id":1096,"date":"2011-07-28T19:46:22","date_gmt":"2011-07-29T01:46:22","guid":{"rendered":"http:\/\/mynewsmile.com\/blog\/?p=1096"},"modified":"2019-11-22T10:25:31","modified_gmt":"2019-11-22T17:25:31","slug":"how-to-get-a-refund-from-the-dentist-who-screwed-up","status":"publish","type":"post","link":"https:\/\/www.mynewsmile.com\/blog\/how-to-get-a-refund-from-the-dentist-who-screwed-up\/","title":{"rendered":"How to get a refund from the dentist who screwed up."},"content":{"rendered":"<p>Dr. Hall,<br \/>\nIn November 2009 I had a crown put on my number 8 front tooth. My tooth was slanted from sucking my thumb when I was little, and this was to fix that.<\/p>\n<p>About 3 weeks after my crown was put on my tooth was really sensitive to hot and cold. I was told that was normal for the first few weeks. About 4 months later my tooth was hurting so bad that I\u00a0had to go to the ER! The next day my face swelled up and\u00a0I was out of work for 5 days. When\u00a0I went to another dentist, they told me that my tooth was infected and that\u00a0I would need a <a href=\"https:\/\/www.mynewsmile.com\/dental\/root_canal_treatment.htm\">root canal<\/a> and a new crown. I was like WHAT??? how could this happen? She told me that\u00a0I had an open margin and it was from the crown not being placed properly.<\/p>\n<p>I called the first dentist,\u00a0who did the crown, and\u00a0I told the secretary the situation. I told her that i deserved my money back because for his mistake i have to pay for another crown and a root canal!! she said that once the crown was in my mouth it was my responsibility!! I said even if it was a failed job???<\/p>\n<p>Is he liable for this? Shouldnt he pay?? I have seen the xray and the open margin is huge! ! If he we re to have taken xrays at the end of the job he would have seen the open margin and knew it had to be redone.<\/p>\n<p>At the time\u00a0I was making payments on the crown and paid a little more than half. After\u00a0I found out about his mistake i told the office i was not paying the balance . About three months later\u00a0I got a notice saying he was suing me for the balance! I couldnt believe it ! I of course filled a countersuit and when\u00a0I went to the small claims court his lawyer told me if i drop the counter claim then the dentist would &#8220;forgive my debit&#8221;. I said NO\u00a0I want the money that\u00a0I paid him and his lawyer said &#8220;Well he is not willing to do that.&#8221; The case now has to be handled by the superior court because civil court can&#8217;t deal with things like this.<\/p>\n<p>My question is should this guy have fixed his mistake? Because of him\u00a0I was in the most extreme pain\u00a0I was ever in, I had to miss days of work,\u00a0I had almost a dozen appointments ( emergency room, doctors and dentist visits), my face swelled up so bad that\u00a0I could barely see and\u00a0I had to get a new crown and a root canal . Please let me know what you think!<\/p>\n<p>Thanks!<br \/>\n&#8211; Sarah from Massachusetts<\/p>\n<div class=\"responsive-post-content\">\n<div class=\"post-left-column\">\n<script>\/\/ <![CDATA[\n(function(d, s, id) {\n  var js, fjs = d.getElementsByTagName(s)[0];\n  if (d.getElementById(id)) return;\n  js = d.createElement(s); js.id = id;\n  js.src = \"\/\/connect.facebook.net\/en_US\/all.js#xfbml=1\";\n  fjs.parentNode.insertBefore(js, fjs);\n}(document, 'script', 'facebook-jssdk'));\n\/\/ ]]><\/script><br \/>\n<span style=\"font-family: Arial; font-size: small;\">We thank our advertisers who help fund this site.<\/span><\/p>\n<p><script src=\"\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js\" async=\"\"><\/script><!-- MyNewSmile sidebar tall --> <ins class=\"adsbygoogle\" style=\"display: inline-block; width: 300px; height: 600px;\" data-ad-client=\"ca-pub-4419877247826466\" data-ad-slot=\"6363395985\"><\/ins><script>\/\/ <![CDATA[\n(adsbygoogle = window.adsbygoogle || []).push({});\n\/\/ ]]><\/script>\n<\/div>\n<div class=\"post-right-column\">\n<p>Sarah,<br \/>\nYou have quite the story!<\/p>\n<p>I have to qualify this because I can&#8217;t judge this without seeing. But just going from what you&#8217;re telling me, yes, your former dentist is liable for violating the standard of care. The most important thing to check when a new crown is being seated on a tooth is to run the explorer around the margins and make sure there is a good fit to the crown. Usually a dentist won&#8217;t take an x-ray before seating a crown, but they always need to run that explorer completely around the margins of the crown and check for any open margins.\u00a0But having the x-ray you have is good documentation showing his negligence.<\/p>\n<p>The problem, though, in many cases like this is that the dollar amounts involved make it impractical to involve lawyers and to go to trial. But here are a couple of things you can do to increase the pressure on this dentist to refund your money:<\/p>\n<p>1. Threaten to complain to the dental board. Not as serious as a malpractice suit, this is still something that the dentist is strongly motivated to avoid.<br \/>\n2. Have the new dentist help you. A call from one dentist to another, verifying that there was indeed a problem with the work, can be very persuasive. In a trial, you HAVE to have an expert opinion of a dentist to back up any claim of negligence. Your word isn&#8217;t good enough.<br \/>\n3. Have a lawyer write a threatening letter. Rather than pay for an entire malpractice case, just having a letter from an attorney can get the dentist to take your complaint more seriously.<\/p>\n<p>Dr. Hall<\/p>\n<p>Click here to read more about <a href=\"https:\/\/www.mynewsmile.com\/porcelaincrownfrontteeth.htm\">porcelain crowns on front teeth<\/a>.<br \/>\nClick here to <a href=\"https:\/\/www.mynewsmile.com\/askdr.htm\">ask the dentist a question<\/a>.<\/p>\n<p>\u00a0<\/p>\n<div>\n<table style=\"border-collapse: collapse\" border=\"0\" cellpadding=\"0\" width=\"728\" bgcolor=\"#a9c5a5\">\n<tbody>\n<tr>\n<td align=\"center\"><span style=\"font-family: Arial; font-size: x-small;\">We thank our advertisers who help fund this site.<\/span><\/td>\n<\/tr>\n<tr>\n<td align=\"center\"><script type=\"text\/javascript\">\/\/ <![CDATA[\n google_ad_client = \"pub-4419877247826466\"; google_ad_width = 728; google_ad_height = 90; google_ad_format = \"728x90_as\"; google_ad_type = \"text_image\"; \/\/2007-03-26: CosmDent Blog google_ad_channel = \"9579159778\"; google_color_border = \"A9C5A5\"; google_color_bg = \"FFFFFF\"; google_color_link = \"1B703A\"; google_color_text = \"000000\"; google_color_url = \"008000\";\n\/\/ ]]><\/script><br \/>\n<script src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/show_ads.js\" type=\"text\/javascript\"><\/script><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Dr. Hall, In November 2009 I had a crown put on my number 8 front tooth. My tooth was slanted from sucking my thumb when I was little, and this was to fix that. About 3 weeks after my crown was put on my tooth was really sensitive to hot and cold. I was told [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[5],"tags":[243,241,190,1211,242],"class_list":{"0":"post-1096","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-cosmetic-dentistry-mistakes","7":"tag-crown-on-a-front-tooth","8":"tag-dental-malpractice","9":"tag-getting-a-refund-from-a-dentist","10":"tag-open-margin","11":"tag-root-canal-treatment","12":"entry"},"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>How to get a refund from the dentist who screwed up. - Cosmetic Dentistry Blog<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.mynewsmile.com\/blog\/how-to-get-a-refund-from-the-dentist-who-screwed-up\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"How to get a refund from the dentist who screwed up. - Cosmetic Dentistry Blog\" \/>\n<meta property=\"og:description\" content=\"Dr. Hall, In November 2009 I had a crown put on my number 8 front tooth. My tooth was slanted from sucking my thumb when I was little, and this was to fix that. About 3 weeks after my crown was put on my tooth was really sensitive to hot and cold. I was told [&hellip;]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.mynewsmile.com\/blog\/how-to-get-a-refund-from-the-dentist-who-screwed-up\/\" \/>\n<meta property=\"og:site_name\" content=\"Cosmetic Dentistry Blog\" \/>\n<meta property=\"article:published_time\" content=\"2011-07-29T01:46:22+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2019-11-22T17:25:31+00:00\" \/>\n<meta name=\"author\" content=\"David A. Hall\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"David A. 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I was told [&hellip;]","og_url":"https:\/\/www.mynewsmile.com\/blog\/how-to-get-a-refund-from-the-dentist-who-screwed-up\/","og_site_name":"Cosmetic Dentistry Blog","article_published_time":"2011-07-29T01:46:22+00:00","article_modified_time":"2019-11-22T17:25:31+00:00","author":"David A. Hall","twitter_card":"summary_large_image","twitter_misc":{"Written by":"David A. Hall","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.mynewsmile.com\/blog\/how-to-get-a-refund-from-the-dentist-who-screwed-up\/#article","isPartOf":{"@id":"https:\/\/www.mynewsmile.com\/blog\/how-to-get-a-refund-from-the-dentist-who-screwed-up\/"},"author":{"name":"David A. 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