What is the name of your state (only U.S. law)? Utah
We are being sued by a debt collector for the sum of $75.00 plus attorneys fees. This debt was incurred due to an "advanced" tooth extraction (He had to split the tooth to remove it) by a Dentist outside of our local community. We paid $300.00 down before the procedure as was required by them. Later our insurance paid an additional $300.00 This amounts to a total of $600.00 paid to the D.D.S. Later on we received another bill in the amount of $75.00. After I refused to pay the additional $75.00 complaining that the Dentist did a horrible job, we were sued by his debt collector.
The D.D.S complains in the summons, that we signed a contract and that we are liable due to the indebtedness incurred was a necessary family expense incurred to meet the health, safety, and welfare needs of the defendant, pursuant to Utah code Anno. 30-2-9 or 78B-12-105. We answered this summons contending that the D.D.S. was in breach of the contract himself. That he did not provide for the health and safety of my wife (the patient). He did a horrible job extracting the tooth and only applied a single stitch to protect against dry socket. He was hurried and immediately left the building before we even had a chance to speak to him. We received no post op instructions or what to watch out for. After we left they locked the door and we headed for home (a 3 hour drive). However on the way home the stitch popped and she immediately got the condition known as dry socket. The next day (Saturday) we contacted our personal Dentist who immediately had us come in after hours. After reviewing the condition of the tooth socket he was angered by the poor job done and the fact that the socket was in poor condition (The gum line was already beginning to recede.) He called the D.D.S. and complained, to which the D.D.S. answered that my Wife and I should drive 3 hours back out to his place of work to pack the dry socket, on the next business day (Monday). My Dentist refused saying that it was a very unprofessional job and would not be sending anymore patients to this particular D.D.S.
After the call my Dentist took X rays to document the tooth socket and packed the tooth, while instructing us to come in to have it packed until it was fully healed. About 2 months later it finally healed. We incurred a large expense both financially and my Wife physically to drive 30 mins round trip to see the Dentist 3 to 4 times a week. The case is now proceeding to trial. My question is, do we have a chance at winning? or should we take the offer to settle for $325.00. How should we proceed? Our personal Dentist has offered to testify as a witness. We also have another Dentist who looked at the socket that we could call in to testify as well. Any advice would be appreciated.
Thanks
Stoney
We are being sued by a debt collector for the sum of $75.00 plus attorneys fees. This debt was incurred due to an "advanced" tooth extraction (He had to split the tooth to remove it) by a Dentist outside of our local community. We paid $300.00 down before the procedure as was required by them. Later our insurance paid an additional $300.00 This amounts to a total of $600.00 paid to the D.D.S. Later on we received another bill in the amount of $75.00. After I refused to pay the additional $75.00 complaining that the Dentist did a horrible job, we were sued by his debt collector.
The D.D.S complains in the summons, that we signed a contract and that we are liable due to the indebtedness incurred was a necessary family expense incurred to meet the health, safety, and welfare needs of the defendant, pursuant to Utah code Anno. 30-2-9 or 78B-12-105. We answered this summons contending that the D.D.S. was in breach of the contract himself. That he did not provide for the health and safety of my wife (the patient). He did a horrible job extracting the tooth and only applied a single stitch to protect against dry socket. He was hurried and immediately left the building before we even had a chance to speak to him. We received no post op instructions or what to watch out for. After we left they locked the door and we headed for home (a 3 hour drive). However on the way home the stitch popped and she immediately got the condition known as dry socket. The next day (Saturday) we contacted our personal Dentist who immediately had us come in after hours. After reviewing the condition of the tooth socket he was angered by the poor job done and the fact that the socket was in poor condition (The gum line was already beginning to recede.) He called the D.D.S. and complained, to which the D.D.S. answered that my Wife and I should drive 3 hours back out to his place of work to pack the dry socket, on the next business day (Monday). My Dentist refused saying that it was a very unprofessional job and would not be sending anymore patients to this particular D.D.S.
After the call my Dentist took X rays to document the tooth socket and packed the tooth, while instructing us to come in to have it packed until it was fully healed. About 2 months later it finally healed. We incurred a large expense both financially and my Wife physically to drive 30 mins round trip to see the Dentist 3 to 4 times a week. The case is now proceeding to trial. My question is, do we have a chance at winning? or should we take the offer to settle for $325.00. How should we proceed? Our personal Dentist has offered to testify as a witness. We also have another Dentist who looked at the socket that we could call in to testify as well. Any advice would be appreciated.
Thanks
Stoney
