Legal Question in Medical Malpractice in Virginia

Dentist admits mistake

My regular dentist referred me to another that does sedation work so that I could be asleep when they did a root canal. When the specialist was examining me, he noted that I had a couple of cavities and asked if I wanted them filled while I was out. I said yes, and he filled them with the good white stuff. 2 months later I was back at my regular dentist for my 6 month checkup. He did xrays and an exam and told me he saw decay on two teeth that he needed to fill, which he then did. 2 weeks later I got a bill from him. I called and the bill manager said that my insurance refused to pay for these latest fillings because they had just paid for them 2 months ago. It turns out that my regular dentist mistook the new white fillings for decay and drilled them out and replaced them with silver fillings. He also said that although he admits that he made a mistake, I still have to pay for the bill of about $200. I said that was ridiculous and I want my white fillings replaced at no cost, which of course they denied. Today I was served because the dentist is now suing me for the amount. Is this normal for a dentist to perform unecessary work and then charge for his mistake? Can I sue him?


Asked on 8/28/08, 7:30 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Dentist admits mistake

Yes, file a counterclaim for the cost of repairing the dentist's mistake in the amount of $200 or whatever the reasonable cost might be.

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Answered on 9/01/08, 12:17 am


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