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Have a problem with a dentist? This article helps guide you through what options are available for patients who feel they have been treated improperly by their dentist.
Your options range from reporting and filing a complaint against your dentist to filing a lawsuit in small claims court. In this article, we cover the following ways to handle a problem with your dentist:
Talk to your dentist about your concerns. This often clears things up.
Consider sending a demand letter to your dentist stating your situation and seriousness about taking legal action if the issue is not addressed.
File a complaint with the Better Business Bureau. Also, consider leaving reviews on all social media platforms. If the dentist cares about their online reputation, this may be a powerful avenue for resolving your complaint.
File a complaint with the state government agency that regulates dentists (state-by-state guide below).
File a lawsuit in your state’s small claims court.
Did you know we have an AI-powered tool that helps you create a demand letter to a dentist? Get Started.
Step 1: Contact the Dentist Directly
First, communicate directly with the dentist and their team about your concerns. This often clarifies and resolves the problem.
Start with informal communications: communicate your concerns through email or phone. Make sure you keep copies of the emails and texts and also write down dates and times of every phone call with notes for each call (for example, “On July 18, 2023, at 11:30 am, called Jane Richards, the dental office accountant, and she said the dentist would get back to me promptly”).
Step 2: Send a Demand Letter
If the dentist and/or the dental office staff ignore your calls, emails, or text messages or do not take responsibility for their actions, it may be time to write a formal letter, known as a demand letter. In this letter, you can outline your requests and notify the dentist that you will seek further action if the issue is unresolved.
Whether you file a complaint or lawsuit against your dentist, a demand letter becomes one of your most useful tools.
Here are some reasons why you should consider sending a demand letter to your dentist if you think they have been careless:
A demand letter will show the dentist that you're serious about fixing the issue and ready to take action. Often, just sending this letter solves the problem.
If you file a small claims lawsuit, the judge might ask if you tried to settle it out of court. A written demand letter proves you tried to handle the problem first, which you can use as evidence.
Writing the letter also helps you organize your facts and timeline, ensuring you stay clear and accurate while resolving your complaint.
Did you know we have an AI-powered tool that helps you create a demand letter to a dentist? Get Started.
Here is a video on how our demand letter tool works:
Step 3: Leave a Review with Better Business Bureau (BBB) and Other Social Media Platforms
If the dentist continues to ignore your requests even after you have tried communicating with them, consider leaving reviews on all review platforms like the BBB, Yelp, Trustpilot, and Google. Consumers tend to check reviews when engaging with different businesses. If the dentist cares about their online reputation, this may be a powerful avenue for resolving your complaint.
Better Business Bureau (BBB)
The BBB is a non-profit that helps solve issues between dentists and consumers. The BBB is not a government agency and can’t force a dentist to fix your problem, but many dental offices care about BBB reviews because:
Filing a complaint with the BBB lets others see if a dentist has had issues before, helping consumers decide whether to use that dentist. If a dentist has bad reviews, fewer consumers will likely become clients of that dentist.
If a dental office is “accredited” with the BBB and ignores a complaint, the dentist might lose its accreditation, and the complaint will be shown on the office's BBB profile.
Even if the dental office isn't accredited, the complaint will still appear on their BBB profile.
BBB reviews give other consumers confidence when choosing a company, and businesses don’t want negative BBB complaints.
How to file a complaint with the Better Business Bureau (BBB):
Go to the Better Business Bureau website.
Scroll to the bottom of the page and click the button “File a Complaint”
Also, review our guide to see whether it is worth filing a complaint with the BBB.
Step 4: How to Report a Dentist to Your State Government Agency that Regulates Dentists
If contacting the dentist directly and sending a demand letter did not achieve the results you wanted, then your next step is to file a complaint with your state's government agency that regulates dentists (while it varies by state, these agencies are usually referred to as the Board of Dentistry or the Board of Dental Examiners ). These government agencies handle dental licenses and make sure dentists follow safety rules. They also investigate problems like fraud, abuse, and malpractice.
Most Dental Boards are responsible for:
Setting the qualifications needed for a dental license, as well as issuing licenses to qualified people,
Setting standards for how dentists should practice and behave, and
Can punish or take away a dentist's license, if needed.
In some states, you can also ask for a "peer review." This means a group of dentists will look at your complaint and review the treatment plan and charges.
However, it is important to understand that these state government agencies may not take any action, and your only other option may be to file a lawsuit in small claims court action against the dentist.
Here are the links for filing a complaint against a dentist in each state:
STATE | WHERE TO FILE A COMPLAINT AGAINST YOUR DENTIST |
---|---|
Alabama | FILE A COMPLAINT with the Board of Dental Examiners of Alabama |
Alaska | FILE A COMPLAINT with the Alaska Board of Dental Examiners |
Arizona | FILE A COMPLAINT with the Arizona State Board of Dental Examiners |
Arkansas | FILE A COMPLAINT in Arkansas |
California | FILE A COMPLAINT with the Dental Board of California |
Colorado | FILE A COMPLAINT with the Colorado Department of Regulatory Agencies Division of Professions and Occupations |
Connecticut | FILE A COMPLAINT with the Connecticut State Dental Commission |
Delaware | FILE A COMPLAINT with the Delaware Division of Professional Regulation |
Florida | FILE A COMPLAINT with the Florida Board of Dentistry |
Georgia | FILE A COMPLAINT with the Georgia Board of Dentistry |
Hawaii | FILE A COMPLAINT with the Hawaii Department of Commerce and Consumer Affairs Regulated Industries Complaints Office |
Idaho | FILE A COMPLAINT with the Idaho Division of Occupational and Professional Licenses |
Illinois | FILE A COMPLAINT with the Illinois Department of Financial and Professional Regulation |
Indiana | FILE A COMPLAINT with the Indiana Professional Licensing Agency |
Iowa | FILE A COMPLAINT with the Iowa Department of Inspections, Appeals, & Licensing |
Kansas | FILE A COMPLAINT with the Kansas Dental Board |
Kentucky | FILE A COMPLAINT with the Kentucky Board of Dentistry |
Louisiana | FILE A COMPLAINT with the Louisiana State Board of Dentistry |
Maine | FILE A COMPLAINT with the Maine Board of Dental Practice |
Maryland | FILE A COMPLAINT with the Maryland Department of Health Board of Dental Examiners |
Massachusetts | FILE A COMPLAINT with the Massachusetts Bureau of Health Professions Licensure Office of Public Protection |
Michigan | FILE A COMPLAINT with the Michigan Bureau of Professional Licensing |
Minnesota | FILE A COMPLAINT with the Minnesota Board of Dentistry |
Mississippi | FILE A COMPLAINT with the Mississippi State Board of Dental Examiners |
Missouri | FILE A COMPLAINT with the Missouri Division of Professional Registration |
Montana | FILE A COMPLAINT with the Montana Department of Labor & Industry |
Nebraska | FILE A COMPLAINT with the Nebraska Department of Health and Human Services |
Nevada | FILE A COMPLAINT with the Nevada State Board of Dental Examiners |
New Hampshire | FILE A COMPLAINT with the New Hampshire Office of Professional Licensure and Certification |
New Jersey | FILE A COMPLAINT with the New Jersey Division of Consumer Affairs |
New Mexico | FILE A COMPLAINT with the New Mexico Regulation & Licensing Department |
New York | FILE A COMPLAINT with the New York Office of the Professions |
North Carolina | FILE A COMPLAINT with the North Carolina State Board of Dental Examiners |
North Dakota | FILE A COMPLAINT with the North Dakota Board of Dental Examiners |
Ohio | FILE A COMPLAINT with the Ohio State Dental Board |
Oklahoma | FILE A COMPLAINT with the Oklahoma State Board of Dentistry |
Oregon | FILE A COMPLAINT with the Oregon Board of Dentistry |
Pennsylvania | FILE A COMPLAINT with the Pennsylvania Department of State |
Rhode Island | FILE A COMPLAINT with the Rhode Island Department of Health |
South Carolina | FILE A COMPLAINT with the South Carolina Board of Dentistry |
South Dakota | FILE A COMPLAINT with the South Dakota State Board of Dentistry |
Tennessee | FILE A COMPLAINT with the Tennessee Department of Health |
Texas | FILE A COMPLAINT with the Texas State Board of Dental Examiners |
Utah | FILE A COMPLAINT with the Utah Divison of Professional Licensing |
Vermont | FILE A COMPLAINT with the Vermont Office of Professional Regulation |
Virginia | FILE A COMPLAINT with the Virginia Department of Health Professions |
Washington | FILE A COMPLAINT with the Washington State Department of Health |
West Virginia | FILE A COMPLAINT with the West Virginia Board of Dentistry |
Wisconsin | FILE A COMPLAINT with the Wisconsin Department of Safety and Professional Services |
Wyoming | FILE A COMPLAINT with the Wyoming Board of Dental Examiners |
If you work for a state regulatory agency and need to update the link in the table above or provide consumers with additional information, please contact us at [email protected].
Another option is to contact the state chapter of the American Dental Association and see if you can file a complaint through their association. These are private, non-governmental associations to which dentists belong.
Step 5: File a Lawsuit in Your State’s Small Claims Court
Your final option for resolving your problem with your dentist is filing a lawsuit in your state’s small claims court.
Remember, just because you are not satisfied with your dentist’s performance doesn't mean that the dentist acted illegally or is legally responsible. It’s up to a judge to decide whether the dentist should reimburse you for your claim.
As you prepare your case, you must show the judge that you acted in good faith and tried to resolve the issue out of court.
That is why it is so important to be able to show in your lawsuit that you:
1) contacted the dentist directly,
2) sent them a demand letter, and
3) filed a complaint with the state government agency regulating dentists.
This shows the judge that you took every possible action to solve the problem before filing a lawsuit.
What Types of Lawsuits Can Be Filed Against a Dentist in Small Claims Court?
The most common reasons you can sue a dentist in small claims court are:
Damage or injury to teeth
Contract deposit not returned
Services not performed
The dentist performed a procedure that was not approved by you
Steps to Suing in Small Claims Court
The steps to suing a dentist in small claims court vary by state. Review our 50-state guide to suing in small claims court.
In general, you will take the following steps:
Prepare the lawsuit.
File the lawsuit.
Notify the dentist that they have been sued (this is called “serving”).
Prepare your evidence for the hearing.
Attend your hearing.
Prepare Your Evidence
One of the most important steps to winning in small claims court is to prepare your evidence before your hearing. Make sure you have all your evidence in order, such as written communications, contracts, information on the procedure that they provided before and after the service, etc.
Consider also gathering the following evidence:
First, check with the state government agency regulating dentists to ensure they are licensed to do business in the state. If they are not licensed, include this information as evidence in your lawsuit.
Second, see if other complaints or lawsuits are filed against the dentist for similar situations (this shows a pattern of abuse). The link where you file a complaint with the government agency often shows “enforcement actions” against dentists. Follow the instructions to see if there are complaints and/or enforcement actions against the dentist. Download any information you find and consider including it as evidence in your case. Here is an example of how to research enforcement actions from the Dental Board of California.
Small claims hearings are meant to be quick and informal.
The secret to winning your case in small claims court is simple: BE PREPARED. Think of every courtroom TV show you’ve seen and remember how upset Judges get when people show up unprepared. You never want to face an angry Judge. That’s why you need to get ready for your small claims hearing.
That’s why you want to create a hearing presentation when preparing your evidence for small claims court. A trial presentation is a document you will take to court to help you present your best case to the Judge. This presentation will show your evidence, argument, and analysis in a way the Judge can easily understand.
We have a Trial Preparation Tool to help you organize your evidence for small claims court.
Robert Deposada
Legal Educator at JusticeDirect. Robert has a passion for breaking down complicated legal processes in easy-to-read legal guides.