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NY-law case with dentist about misconduct

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  • NY-law case with dentist about misconduct

    I did an expensive dental work ($35.000). Dentist avoided clarifying payment records only asking for more payments We did not have any payment contract. I trusted him as a medical professional and he took advantage from that.
    He demanded a full payment far before the job was over, while postponing or canceling my appointments. He refused to subtract payments from insurance company (which he already received) from the whole sum and demanded to pay the whole price first, promising to return insurance money later. When according to my records the job was paid in full, still demanded more money, saying that otherwise he'll postpone my work for n a few months. (by that time I was not able to eat and talk properly). He created very stressful situation. I was afraid to go to that office. Eventually I left him to finish work with another dentist. When I tried to return payments from bank loans for the work which was not done , the dentist submitted to bank the untrue information.I did applied to OP, but they closed a case w/o any explanation. I applied to BBB , but dentist ignored them. Paying 2 dentists I'm no in position to pay private lawyers to go to court . I lost part job recently , but not eligible for free help and I still didn't get any answers to any of my questions
    1 Did the dentist have a right to demand the full payment BEFORE the job was over?
    2. Did he have a right to threaten me to stop finishing my work?
    3 Did he have right not to include payment from the insurance company in the whole balance?
    4 What else can I do in that situation to find justice?
    Thanks

  • #2
    Re: NY-law case with dentist about misconduct

    1. I have never heard of a dentist ever finish major dental work not covered by insurance without it being paid in full. He can't repo your teeth.

    2. See above.

    3. You are unclear exactly how any insurance coverage would have figured into the balance. No one could comment without viewing an account statement.

    4. You appear to have thoroughly screwed yourself by having the work completed elsewhere. You should have come here for advice prior to treatment.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      Re: NY-law case with dentist about misconduct

      I wish to inform you that dentist can be held liable for malpractice. In this regard when dentist had not properly treated you then he has violated terms of his service. As regards payment a dentist can require payment to be paid in full but as he has claimed payment from insurance thus he should have adjusted amount received from insurance. Further for work not performed by dentist he should have returned your amount. You can first give a demand notice and then file a lawsuit.

      AFF

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      • #4
        Re: NY-law case with dentist about misconduct

        Thanks
        As regards payment a dentist can require payment to be paid in full but as he has claimed payment from insurance thus he should have adjusted amount received from insurance.
        He refused doing that
        Further for work not performed by dentist he should have returned your amount.
        He lied that he finished work
        You can first give a demand notice
        I did, he disregarded it
        and then file a lawsuit.
        I don't have money for lawyer as I still pay loan for teeth.No lawyer wants to do it in contingency basis. Office of Professionals didn't even looked at records for 2 years. BBB sent me to Attorney General and AG sent me back to Office of Professional
        Dentist did whatever he wanted, because he knew that I'd not be able to defend myself.
        I wanted to go to court to defend myself w/o a lawyer, but dentist lawyer threatened to put me in more trouble.
        What are my options left, if any considering that I cannot pay a lawyer
        Thanks a lot for your help


        AFF

        Comment


        • #5
          Re: NY-law case with dentist about misconduct

          Thanks for your reply
          1. I have never heard of a dentist ever finish major dental work not covered by insurance without it being paid in full. He can't repo your teeth.

          After being paid in full (to my estimation) he lost an interest/motivation in my work and put attention to new clients, postponing or concealing my appointments

          2 I've read in some rules of OP that the dentist was supposed to finish treatment and then try to get money he thought he was underpaid.


          3. You are unclear exactly how any insurance coverage would have figured into the balance.

          Insurance coverage was part of the whole payment. He refused in include it in the balance, saying that he would return them later, by check.(although he already received them), but the whole sum should be paid from bank loans I took

          4. You appear to have thoroughly screwed yourself by having the work completed elsewhere. You should have come here for advice prior to treatment.
          You are right, of course.

          Comment

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