Dentist admits mistake

[7animals]

What is the name of your state (only U.S. law)? VA

My regular dentist (dentist A) referred me to another to get sedation dentistry (he didn't do sedation) for a root canal. While examining me for the procedure, dentist B told me he say a couple of cavities and asked if I would like them filled while I was out. I said yes, and he filled them with the white composite fillings, which was the first time I had those. This was in Nov of 07. I went back to dentist A for a regular checkup in Jan of 08. While examining me, he said he saw some decay and needed to fill them. I said OK. He then drilled out my new white fillings that he thought was decay. I received a bill a week later because the insurance refused to pay. When I asked the office manager why, she said that the ins. company said those were brand new fillings. I asked why did he replace them. The office manager (Vicki) said she spoke to the doctor who said he made a mistake. He had called dentist B and they discussed it, and both dentists agreed that dentist A did not recognize the fillings because he hadn't much experience with those fillings. Dentist A also told dentist B that he would take care of the bill (all of this is also on my files at dentist B's office, going back to March). But a week later, Vicki called us back and said that the owner of the practice, dentist C, said that the charge still stood because somebody had to pay for the work even if it was a mistake. We tried to talk to dentist A and C in the spring. We received a summons in Aug and told we were being sued for the $180 for the bill. We went to the initial pleading last week and said we wanted to go to court and they set a date for December.

At the initial hearing, we agreed to a non-binding session with a mediator. Vicki represented A and C and said that, "Dentist A diagnosed the bad fillings in Sep (her reason for the work had now changed to stating that the filling was defective)and then fixed the work when she showed up in Jan."

When I pointed out that the fillings had been put in in Nov, that it was impossible for dentist A to have pre-diagnosed them in Sep, she looked at the records and mumbled, "well, that is what Dentist A says." She insisted that Dentist A and C stood by their position that the fillings, although new, were defective and needed to be replaced. They now denied ever saying anything about decay. This was the first time we had heard that they were claiming the white fillings had been defective. Of course, the mediation went nowhere and we are on for court in Dec.

I relayed all of this very recently to Dentist B (the one who put the white fillings in in Nov) and he was shocked. He remembers the conversation quite well with dentist A and even made a record of it in my chart back in March. He teaches the white filling procedure at the medical university and is well experienced in it. He also told me he would gladly go to court on my behalf and relay all of this.

A lawyer told me that it was not worth it to represent us (husband has been helping me) as the bill is only $180, but another one said we have a good case for a breach of contract as opposed to a medical malpractice case. I have since went to another dentist and had the inferior metal fillings replaced with the white ones again, at my own cost.

It seems as though they owe me at least $1,000 for expenses, not to consider all of the time and trouble I have had, and the fact that an unneeded procedure was done to me.

I filed a complaint with the state board and it is being investigated now. I also found out that dentist C has several violations against him on state public record for shoddy work, billing the insurance for work never performed, and falsifying records. These findings are completed and closed, so they are not pending. He was found "guilty" or whatever they call it, by the board and fined.

Can anybody help me? I really want to rake this guy over after all of the threatening letters I have received and trouble I have had trying to clear this up.
What is the name of your state (only U.S. law)? VA

[ecmst12]

You should hire a small-practice lawyer to represent you for an hourly fee, not contingency. You can have him counter-sue for legal fees. This is NOT malpractice by any stretch of the imagination, it is a simple billing dispute. I do agree they have no business billing you for their screw up and they should actually pay for you to have white fillings put back into the cavities they drilled it out of.

[HomeGuru]

Originally Posted by 7animals

What is the name of your state (only U.S. law)? VA

My regular dentist (dentist A) referred me to another to get sedation dentistry (he didn't do sedation) for a root canal. While examining me for the procedure, dentist B told me he say a couple of cavities and asked if I would like them filled while I was out. I said yes, and he filled them with the white composite fillings, which was the first time I had those. This was in Nov of 07. I went back to dentist A for a regular checkup in Jan of 08. While examining me, he said he saw some decay and needed to fill them. I said OK. He then drilled out my new white fillings that he thought was decay. I received a bill a week later because the insurance refused to pay. When I asked the office manager why, she said that the ins. company said those were brand new fillings. I asked why did he replace them. The office manager (Vicki) said she spoke to the doctor who said he made a mistake. He had called dentist B and they discussed it, and both dentists agreed that dentist A did not recognize the fillings because he hadn't much experience with those fillings. Dentist A also told dentist B that he would take care of the bill (all of this is also on my files at dentist B's office, going back to March). But a week later, Vicki called us back and said that the owner of the practice, dentist C, said that the charge still stood because somebody had to pay for the work even if it was a mistake. We tried to talk to dentist A and C in the spring. We received a summons in Aug and told we were being sued for the $180 for the bill. We went to the initial pleading last week and said we wanted to go to court and they set a date for December.

At the initial hearing, we agreed to a non-binding session with a mediator. Vicki represented A and C and said that, "Dentist A diagnosed the bad fillings in Sep (her reason for the work had now changed to stating that the filling was defective)and then fixed the work when she showed up in Jan."

When I pointed out that the fillings had been put in in Nov, that it was impossible for dentist A to have pre-diagnosed them in Sep, she looked at the records and mumbled, "well, that is what Dentist A says." She insisted that Dentist A and C stood by their position that the fillings, although new, were defective and needed to be replaced. They now denied ever saying anything about decay. This was the first time we had heard that they were claiming the white fillings had been defective. Of course, the mediation went nowhere and we are on for court in Dec.

I relayed all of this very recently to Dentist B (the one who put the white fillings in in Nov) and he was shocked. He remembers the conversation quite well with dentist A and even made a record of it in my chart back in March. He teaches the white filling procedure at the medical university and is well experienced in it. He also told me he would gladly go to court on my behalf and relay all of this.

A lawyer told me that it was not worth it to represent us (husband has been helping me) as the bill is only $180, but another one said we have a good case for a breach of contract as opposed to a medical malpractice case. I have since went to another dentist and had the inferior metal fillings replaced with the white ones again, at my own cost.

It seems as though they owe me at least $1,000 for expenses, not to consider all of the time and trouble I have had, and the fact that an unneeded procedure was done to me.

I filed a complaint with the state board and it is being investigated now. I also found out that dentist C has several violations against him on state public record for shoddy work, billing the insurance for work never performed, and falsifying records. These findings are completed and closed, so they are not pending. He was found "guilty" or whatever they call it, by the board and fined.

Can anybody help me? I really want to rake this guy over after all of the threatening letters I have received and trouble I have had trying to clear this up.
What is the name of your state (only U.S. law)? VA

**A: it does not make sense to pay $5K for an attorney to collect $1K.

[7animals]

I know it does not make sense to pay 5k to collect 1k, but doesn't it make sense to defend myself against this?

And what about the dentist? I'm sure it doesn't make sense for him to pay his attorney $150 per hour to prep for a case and spend time in court to win $180. Nonetheless, that is what he is doing.

I would willingly lose at least some $$ just to screw this ripoff artist.

Isn't this costing him money as well?

[barry1817]

Originally Posted by 7animals

What is the name of your state (only U.S. law)? VA

My regular dentist (dentist A) referred me to another to get sedation dentistry (he didn't do sedation) for a root canal. While examining me for the procedure, dentist B told me he say a couple of cavities and asked if I would like them filled while I was out. I said yes, and he filled them with the white composite fillings, which was the first time I had those. This was in Nov of 07. I went back to dentist A for a regular checkup in Jan of 08. While examining me, he said he saw some decay and needed to fill them. I said OK. He then drilled out my new white fillings that he thought was decay. I received a bill a week later because the insurance refused to pay. When I asked the office manager why, she said that the ins. company said those were brand new fillings. I asked why did he replace them. The office manager (Vicki) said she spoke to the doctor who said he made a mistake. He had called dentist B and they discussed it, and both dentists agreed that dentist A did not recognize the fillings because he hadn't much experience with those fillings. Dentist A also told dentist B that he would take care of the bill (all of this is also on my files at dentist B's office, going back to March). But a week later, Vicki called us back and said that the owner of the practice, dentist C, said that the charge still stood because somebody had to pay for the work even if it was a mistake. We tried to talk to dentist A and C in the spring. We received a summons in Aug and told we were being sued for the $180 for the bill. We went to the initial pleading last week and said we wanted to go to court and they set a date for December.

At the initial hearing, we agreed to a non-binding session with a mediator. Vicki represented A and C and said that, "Dentist A diagnosed the bad fillings in Sep (her reason for the work had now changed to stating that the filling was defective)and then fixed the work when she showed up in Jan."

When I pointed out that the fillings had been put in in Nov, that it was impossible for dentist A to have pre-diagnosed them in Sep, she looked at the records and mumbled, "well, that is what Dentist A says." She insisted that Dentist A and C stood by their position that the fillings, although new, were defective and needed to be replaced. They now denied ever saying anything about decay. This was the first time we had heard that they were claiming the white fillings had been defective. Of course, the mediation went nowhere and we are on for court in Dec.

I relayed all of this very recently to Dentist B (the one who put the white fillings in in Nov) and he was shocked. He remembers the conversation quite well with dentist A and even made a record of it in my chart back in March. He teaches the white filling procedure at the medical university and is well experienced in it. He also told me he would gladly go to court on my behalf and relay all of this.

A lawyer told me that it was not worth it to represent us (husband has been helping me) as the bill is only $180, but another one said we have a good case for a breach of contract as opposed to a medical malpractice case. I have since went to another dentist and had the inferior metal fillings replaced with the white ones again, at my own cost.

It seems as though they owe me at least $1,000 for expenses, not to consider all of the time and trouble I have had, and the fact that an unneeded procedure was done to me.

I filed a complaint with the state board and it is being investigated now. I also found out that dentist C has several violations against him on state public record for shoddy work, billing the insurance for work never performed, and falsifying records. These findings are completed and closed, so they are not pending. He was found "guilty" or whatever they call it, by the board and fined.

Can anybody help me? I really want to rake this guy over after all of the threatening letters I have received and trouble I have had trying to clear this up.
What is the name of your state (only U.S. law)? VA

Treating teeth that aren't necessary, is considered fraud.. So not understanding that fillings were in place, and treating them could be considered a fraud. If the fillings were defective that soon afterwards, the dentist that placed them should have been told and he could and should have replaced them at no cost.

Shoddy work have also been considered to be a fraud, so a history of shoddy treatment is not a good track record. I would be most interested to review this case as it would present interesting dental issues that an attorney who is not versed in dental issues, dental fraud issue, and quality of care issues could over look.

[ecmst12]

It won't cost $5k to hire a lawyer for this. It could cost $500, but like I said you can counter sue for whatever your legal costs would be.

[PhlawedPharmacy]

Originally Posted by 7animals

Isn't this costing him money as well?

Not necessarily. His insurance company may provide an attorney to keep it from spiraling into a malpractice suit, and second, he may pay an attorney a flat fee yearly for "these types of things" in which case the attorney does more work some years than others. Medical professionals are magnets for these things.

My opinion, the dentist is petty and should have filed the bill in the "my bad" container.

[7animals]

Originally Posted by barry1817

Treating teeth that aren't necessary, is considered fraud.. So not understanding that fillings were in place, and treating them could be considered a fraud. If the fillings were defective that soon afterwards, the dentist that placed them should have been told and he could and should have replaced them at no cost.

Shoddy work have also been considered to be a fraud, so a history of shoddy treatment is not a good track record. I would be most interested to review this case as it would present interesting dental issues that an attorney who is not versed in dental issues, dental fraud issue, and quality of care issues could over look.

So does anyone know of a lawyer I can go to in my area? I would be easily willing to pay $500 and consider letting the lawyer keep the winnings if I was that sure of winning. I really don't care about the money. I make a good living as it is. It is about the issue.

[cbg]

The board does not provide referrals to specific attorneys. There is a Find A Lawyer section elsewhere on this site.

[HomeGuru]

Originally Posted by ecmst12

It won't cost $5k to hire a lawyer for this. It could cost $500, but like I said you can counter sue for whatever your legal costs would be.

**A: where are you getting your legal fee schedule from? No attorney would take this case for a measly $500.

[7animals]

If I was suing for let's say $2,500-4,500 for damages and pain and suffering (can I sue for that?), don't attorneys usually just take a third?

But again, I'd consider letting them take the whole thing just to get the crackpot dentist back.

[ecmst12]

I would expect a lawyer to charge around $500 to make a few calls and write a letter or 2, if they have to go to court for you then it would be more, maybe $1000-1500. These were quotes I got from lawyers for small-time cases not on contingency.

You don't really have any damages so you couldn't sue for pain and suffering. You will not get anyone to take the case on contingency. You need someone to DEFEND you from a suit, and you can counter sue for the expenses incurred for that defense only. You need to look for a solo or small practice local attorney who works with consumer disputes and similar small cases. You are not going to get money in your pocket from this, if all goes well you won't LOSE anything either.