Good DayI'd like advice please on how to...

Asked by mvdventel on 17-06-2021 13:05:40
Question posted in the Malpractice Law category relating to Western Cape

Good Day

I'd like advice please on how to go about with a Dental Malpractise issue. 

The particular Dentist has ended up:

Leaving part of drill in my toothPulled the wrong toothCyst in my toothLied to me about what they did

I have X-rays to back this up.

Please help!

Best Regards


Information Requested by Lawyer

Posted by Att. Patrick on 17-06-2021 13:35:24

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Do you mind if I take a moment to review your question? I will come back to you shortly!

Att. Patrick

Answer to the Question

Posted by Att. Patrick on 17-06-2021 13:39:53

Jeepers, I'm sorry to hear all of that. Dentistry is never a nice thing, especially when things go wrong! 

What you need to do is to sue the dentist for the costs that you incurred in fixing the issue. So, if you had to go to another dentist and pay him/her R5000 to fix the issue, then you are entitled to claim this cost from the initial dentist.

Your first step would be to send him a letter of demand, setting out the costs, and demanding that he pays this to you. If he doesn't, then you would need to go to the small claims court and issue a summons against him. The clerk at the small claims court will be able to assist you in completing the documents and having it served on the dentist by the sheriff.

In relation to your now-missing tooth, you are going to have to either - 

1) Get a fake tooth implanted and include the cost in your summons; or

2) Try to quantify the pain and suffering that you've experienced as a result (which I think is going to be incredibly hard to do!)

You might also be able to claim any loss of earnings that you've suffered as a result of having to go back to the dentist 2 or 3 times (or however many) due to the work and the cyst. You can also claim any medicine / antibiotics that you needed to take.

Basically, you must quantify all of your costs and include it in a summons. 

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted to be answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

Information provided by client

Thank you Patrick.
This Question is actually on behalf of my husband.
I will forward your response to him and then get back you should we need more info.
Best Regards

Answer to the Question

Posted by Att. Patrick on 17-06-2021 16:15:16

It's no problem. Don't feel scared to proceed with a letter of demand and a summons.

Information provided by client

Dear Patrick

Thank you. Can you recommend a Lawyer in the Somerset West area that my husband can go to?
He wants to talk to a lawyer in person about this.

Best Regards

Answer to the Question

Posted by Att. Patrick on 05-07-2021 14:59:34

Hi there again,

Unfortunately, I can't refer you to a specific lawyer, but I can direct you to Find a South African Law Firm in Somerset West, Western Cape, where you can find a list of qualified lawyers in your area who will be able to assist you further!

Good luck!

Answer Accepted

This answer was accepted on 05-07-2021 15:55:20

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.