QUESTION
Do I have a case if a dentist lied about my need for a crown and charged me before any work was done ?
Asked on Jul 12th, 2016 on Personal Injury - California
More details to this question:
My wisdom teeth were hurting real bad so I went to my dentist that I've known my whole life and trust. She fixed all my cavities and said I was good to go. She doesn't do oral surgery so I had to go another dentist who pulls wisdom teeth. When I get to this other dentist, she told me that I have a bunch of other cavities plus I need a crown immediately or I will lose my tooth plus pull my wisdom teeth. She starts freaking me out bombarding me will all this information. Scaring me. Anyways, I scheduled appointments for my crown and wisdom tooth. For this dentist you have to pay in advance for some reason it came out to around $3000. They charged my insurance and ended up signing for a program called carecredit (which I never even heard of (dumb of me I know) to pay the difference. After I got a second opinion and said my teeth were fine no fillings or crown were needed. My wisdom teeth obviously still need to be pulled but I want nothing to do with this dentist. I want a refund on my insurance and don't want any charges on carecredit. No dental work was done.
3 ANSWERS
The dentist can not charge, unless you signed a contract to the contrary, until the actual work is to be done. She has to return all payments and you can cancel the other insurance plan [tell them what happened and they probably will agree to tear up their agreement with you]. Consider referring the matter to any local or state dental board that exists.
Answered on Aug 12th, 2016 at 5:03 AM
1 Award
Sue the dentist in small claims court. But you'll need to take another dentist with you to testify about how what the other dentist was saying you needed was, in fact, not needed. In Ca., before suing, you first need to send a demand letter giving bad dentist 30 days to pay. If he/she doesn't, then you file and serve small claims complaint.
Answered on Aug 11th, 2016 at 6:28 PM
Edwin K. Niles
Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report (up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
Answered on Aug 11th, 2016 at 6:28 PM