DENTIST WITHOLDING REFUND pending signature of waiver

[sparpless]

California
My dentist owes me a refund for a badly done job.
He refuses to refund the money unless I sign a waiver stating I wont sue him for malpractice. I would therefore be signing it under duress because I need the money,
so would this document hold up in court should I sign it but still need to sue him for damage to my teeth?

[ecmst12]

If you want to sue him, then don't accept the money or sign the release, just sue. Yes, the document will hold up in court. He is offering you a settlement in exchange for a release from further liability. You are not forced to accept - you can sue him instead. But he has no legal obligation to pay you WITHOUT a court order, so if you don't sign, he doesn't have to pay.

[barry1817]

Originally Posted by sparpless

California
My dentist owes me a refund for a badly done job.
He refuses to refund the money unless I sign a waiver stating I wont sue him for malpractice. I would therefore be signing it under duress because I need the money,
so would this document hold up in court should I sign it but still need to sue him for damage to my teeth?

that becomes the routine trade off. Depending on the amount of money, the potential for future harm that was done, and your energy level, you can make a decision to sign and get your money, speak to your state dental board about this matter, and perhaps take the money and file a complaint with the dental board for quality of care, or speak to an attorney prior to accepting this and ask about your concerns.

right now the golden rule applies, he who has the gold rules, and your former dentist has the gold.