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Can I file a seal complaint in this situation: I had two root canal treatments 12 years ago. It was great, but it was a bit gray, so I wanted to change the seal for a better, light-cured one. And so I did. The dentist made me a paid light filler, but after less than 3 months I had a piece of it flaking off in my sleep during the night. I don't know why that happened. I made an appointment to have the dentist fix my tooth. Is it within the scope of the complaint?
Complaints may be lodged against the dentist if it is related to the guarantee he granted for the filling. In this case, the content of the guarantee is determined by the guarantor, i.e. the dentist, individually with the patient's consent, and the patient does not have to agree to give him a guarantee for the filling performed. By accepting the guarantee, the patient concludes an agreement with the dentist. Both the doctor and the patient may grant a warranty claim to a lesser extent than is stipulated in the warranty regulations. Granting a guarantee only for free repair or replacement does not exceed the limits of the parties' freedom in shaping the legal relationship specified in Art. 353 (1) of the Civil Code.
Usually, in dentists' offices, there is a situation in which the doctor only orally informs the patient that in case of any problems, he can come and replace the filling. This is the service guarantee. Usually the warranty period is one year. It can be longer, but not shorter. The guarantee is granted through a dentist's declaration made to the patient, i.e. as a result of a unilateral legal act. Therefore, no action by the other party, i.e. the patient, is needed to provide the guarantee. The statement should specify the obligations of the guarantor and the patient's rights in the event that the seal does not correspond to the property indicated in the statement. The guarantee is legally binding on the grantor under the conditions stated therein. In addition, the same legal effects as the warranty are caused by a complaint if it contains a warranty statement, which must specify the obligations of the doctor and the patient's rights.
Legal basis: Civil Code Act (Journal of Laws of 2014, item 121 as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expertspecializing in medical matters.
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