I want to sue the Sears Corporation. Basically, I got braces 7 years ago. 2 years after that they realized that one of my teeth hadn't come in yet and was impacted in my face. They hooked up a chain to it and said that the tooth would eventually come down. It has been 5 years since than and I have gone through 5 Orthodontists because they kept quitting. This newest Orthodontist said that since I have had the braces for so long(the chain was attached to the braces to pull the tooth down) that the roots on 4 of my teeth have rotted away and that I will lose those 4 teeth and need to get implants. Also he said that I will need surgery again in order to go in and extract the tooth because the chain hasn't done anything to move it even though all the other Orthodontists said it was moving. When I got the surgery originally to hook the chain to the tooth they said it would take about 4-6 years for the tooth to come down. My new Orthodontist said that it should have only taken at most 1-2 years and that after the 1-2 year time frame I should have been told that I would need surgery to remove the tooth. Do I have a case to sue against Sears for like Malpractice or something? Shouldn't they have to pay for the removal of the tooth and my rotted teeth? Shouldn't they have to pay for the implants I will need to get since it is their fault that it is like this?
I'd get in contact with Sears about the issue before suing them. Tell them your story, let them know how dissatisfied you are, and that you are considering a malpractice suit. If they appear apathetic or simply don't respond, then find a good lawyer and ask him for advice. Many lawyers will offer a free consultation.
This. Also, Sears does dental work? wut? xD Sears is a department store xD (if you mean there is an individual vendor in the store (like my Sears store that I work at has an Optical vendor, a hearing aid vendor, a salon, and watch repair, but I'm 99.9% sure those are all independent from the store) Then Sears is most likely not going to be a part of this. So before you do anything, contact Sears, make sure you know whether its an independent vendor or not (whether or not its called "Sears Dental" or whatever. Sears Optical in my store is independent from the Sears itself regardless of its name).)
It seems highly likely you have a case for malpractice. But depending on the state you live in, there may be a short statute of limitations, and you will have to file within the time period (1-2 years from when you became aware of the malpractice in most cases.) As Joey said, it's likely that the dental center is a vendor and not owned by sears, but the attorney who handles your case should be able to do what's necessary to determine whom to sue. In most cases, you would name Sears itself, plus whatever company operates the dental center, plus all of the individual orthodontists who provided your care. And yes, they should pay for all the necessary care to get you back to a completely healthy mouth, plus likely some extra for the pain, suffering, inconvenience you've had, plus the legal fees. If you find the right attorney (NOT one who advertises all over the place), s/he will probably take the case on a contingency, meaning they cover the costs and only get paid when there's a settlement. The dental center (and Sears itself) has insurance that covers this sort of thing, and by naming everyone involved, it's more likely you'll get it settled sooner.
