Can I file a Small Claim Complaint Against My Dentist?

A lot of people ask me whether they could pursue a small claims complaint against a dentist.  The answer to that is: “it really depends.”

If your claim is based upon negligence, that is the dentist did something wrong, the law requires you to use experts to support your claim.  When you consider the jurisdictional limit of small claims court ($6,000 in Ohio), the reality is you are likely going to be spending more money on experts than you would ever hope to recover.  Therefore, it is unwise to file a negligence action in small claims court.

If, however, your claim is based solely on contract – that is you paid for a product or service that was not delivered or rendered – filing a small claims complaint could bring about some semblance of justice.  But, if start to go over the line of quality of care, the court is going to require you to get an expert to support your claim.

If you have sustained an injury following a dental procedure, please contact Scott for a no cost, no obligation consultation and case evaluation.