Sue a dentist for refusing to replace misfitted dentures?
Question Details: My wife prepaid for both sets of dentures, approximately $2000, but they were not fitted and made correctly. She is unable to use them.So far, the dentist has made adjustments that made no difference and claims that it is not his fault. He claims my wife must have moved when he fitted her with the molds.Can she sue in small claims court for return total cost of dentures, plus legal expense, in small claims court?
Yes, she can sue for the cost of the dentures: the dentist has violated the contract (the agreement, whether written or oral, under which he agreed to make and fit dentures in exchange for $2,000) by not installing dentures that fit, which is what she paid for. He cannot keep her money without performing or doing what he agreed to do. However, she cannot recover legal fees, unfortunately: in the U.S. legal system, except in a very few cases which do not apply here, each party pays its own legal fees, win or lose, and cannot make the other side pay for them.