want to know my rights

[tblatner]

I recently started seeing a specialist for periodontal disease. He had requested my xrays and records for my treatment. The dentists office has refused saying they will not release them until my bill is paid in full. Is the dentist able to with hold my records? Isn't that delaying treatment. The specialist also told me that some of the work the dentist performed on me was unneccesary and that he left the periodontal disease untreated. That dentist's license is on probation also. Do I have any kind of case against him?

Thank you!

 

[ALawyer]

Forget the records for the moment. Decisions on treatment or choice of professional should never be made by patients mistakenly fearing the "records" are essential. The are not even useful except in rare instances.

If you need treatment, the new dentist can easily order a set of X-Rays and thru visual inspection see what the situation is.

As for the old dentist, a guy facing suspension is likely a bad dentist anyway, and probably not a nice man or woman. But if you are a glutton, you may write a letter demanding the records, or confirming he will not release them, and tell him that you will not pay his bill because you believe he has performed unnecessary and inappropriate work, and maybe that's committed malpractice, and you will be discussing the matter with counsel. If he sues you your lawyer can counterclaim.