Needless extraction of teeth and poor fitting dentures...
I went to dentist about three years ago for dentures. I was only supposed to have a partial on my lower. They fitted me for the partial and then the day of the surgery pulled the entire bottom out! Since they never made a complete impression on the bottom, I am stuck with ill-fitting dentures.
I have lost over 50 lbs because the partial doesn't fit correctly, even with adhesive applied, and it's very difficult for me to eat. They've fallen out 2x already and had to be replaced (once the dog ate them, and this last time which was 6 months ago they broke in half).
I've told the dentist over and over again they don't fit right, but now he's trying to charge me for the repair. The last time it was for the repair, now he's charging for another adjustment.
Do I have a case for the poor job they did on my dentures and the poor treatment I'm receiving? This is an ongoing issue caused by them, yet they continue to charge me. This doesn't seem right. Anything I can do? Thank you.
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ANSWER for "Needless extraction of teeth and poor fitting dentures...":
Sharon (Toledo, Ohio):
From the facts you present, you have a right to have your dentures fitted properly by the dentist and at no cost to you. You paid the dentist to create dentures that were appropriate for you to eat with and to engage in normal activities without fear the dentures will fall out or not work properly.
In that regard, you may have the basis of a breach of contract case. The breach of contract will be based on your having entered into a binding agreement with the dentist. That agreement included paying the dentist for a product and a service. You upheld your part of the bargain when you paid the dentist. The dentist apparently failed to uphold his or her part of the bargain.
Fortunately, in the State of Ohio the statute of limitations for breach of contract is four (4) years. Here is the actual statute:
1302.98 Statute of limitations in contracts for sale - UCC 2-725.
(A) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.
Send the dentist a letter stating you expect the dentures to be fitted properly, and at no additional cost to you. Explain they have not fit properly since the day they were placed in your mouth. Explain all you want is what you paid for and no more - to have the dentures fit properly.
If the dentist refuses you might seek the counsel of an attorney, or file a lawsuit yourself in small claims court. You can also file a complaint with the Ohio State Dental Board.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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