An unsavory DENTIST

[betty11-11]

My husband had to have three root canals earlier this year. We thought they'd be covered by my dental insurance, but they weren't due to a waiting period, and we hadn't had the insurance coverage long enough. So, at each root canal, we paid the endodontistin full. $800.00 for the first root canal, then $750 for tooth #2, $750 for #3. I asked a receptionist after the third one if they may consider reducing the fee at all because we paid so much to them ($2,300) and we had expected to be reimbursed for 50%, but wouldn't be getting anything from the insurance company. She said they couldn't do anything without the dentist's approval, but she'd ask.

So, we paid everything and went home. Two months later (June) we received a check SIGNED BY THE DENTIST, and made PAYABLE TO MY HUSBAND, endorsed to him on the back. Check was from the insurance co, to the dentist, but the dentist paid it to us. Along with it was paperwork from the insurance co with my husband's name on it and another patient's. So, being an honest person, I though this was a mistake. I called the insurance co to ask if this $350 was ours. They said I didn't have any benefits coming from them, but if I got something sent to me from the dentist, I should call them. So I did. The receptionist told me that check was for us from the dentist's office, for us to keep. I explained about the paperwork having another name on it, she still said it was ours, because we had to pay so mch to them, they were reimbursing us some of it. It was payable to my husband's name, she confirmed it was ours. ao we cashed it.

Yesterday (two months later) a different receptionist called us and told us we "accidentally" got a check that was tucked in with papers from the insurance co. We weren't supposed to get that check. They want the money back. I explained it to her, she didn't want to talk about it, said I had to talk to the dentist. So, the dentist called. No responsibility was taken on his part for the mistakes his office made. He called me a "thief, liar", and said I was "stealing" b/c I didn't pay him in full for the services he rendered. But we DID pay in full, I NEVER would have cashed the check if his office person didn't tell me it was for us. So, what do I do. He signed it and endorsed it over to us. Isn't that considered a "gift" then? Since we were already totally paid in full? ?

If they were nice and admitted they made a mistake and asked for the money back, I would've done it, no problem. But now I want to know if I'm legally bound to pay that money back. I even suggested we wach take responsibility for half (since his office made the mistake) he wouldn't even accept that.

(If I do have to pay it back, can I deduct an hourly rate for my time I had to spend on the phone with him/his office yesterday? I work from home, and wasted ovefr an hour with them. Not to mention how upset I was afterwards!)

Thanks for your reply!!~!
Heather in Illinois

 

[lawrat]

wait to see if he sues you. if he doesn't, you win. otherwise, counter sue for fraud, show them the cashed check with his sig. once you cashed it with his sig, it became a uni lateral mistake on his part and you don't owe any money.

 

[betty11-11]

I talked to a lawyer-friend, got an answer

Thanks for your reply!

I actualy spoke to a friend who's a lawyer. He says I'm under no obligation. I should just write a letter stating the facts, with a copy of the check with the dentist's signature, and tell them not to contact me again otherwise I'll file severl "harrassment" complaints with the state, licensing boards, etc.

So, there you have it. A little niceness goes a long way. If he wasn't so rude, I would have given them the money in a heartbeat.