Bad faith dentist, am I responsible for bills?

[amccombs]

I am in Massachusetts
The dentist stated before work that all work would be covered by insurance. There was a cleaning and 2 fillings to be performed, and they were performed on different days. Two months later I received a bill, as it turns out the insurance did not start yet on the cleaning. Also, the insurance did not cover for fillings as there was a waiting period that I was not aware about. I called the insurance company, and they said that the dentist called after the cleaning but before the fillings. I am convinced that the dentist lied about insurance coverage to bill me for full cost of procedures. Moreover, the fillings fell out within 24 hours. I went back to the dentist for replacement however the dentist said it wasn’t worth a second attempt and just put a "Band-Aid" on the broken teeth.
The dentist has called a lawyer, which called and threatened me by bringing me to court and putting a lien on my house.
I believe the dentist acted in bad faith with lying about insurance coverage. Am I still legally responsible for the bills?

 

[PayrollHRGuy]

It isn't really your dentist's job to find out the status of and what your insurance will cover.

If the dentist wants to sue you and put a lien on your house he first has to actually sue you and win a judgment.

 

[amccombs]

You mean the dentist can tell me that he called the insurance company and say it was covered and not really call them and it's still my responsibility?

 

[Zigner]

You mean the dentist can tell me that he called the insurance company and say it was covered and not really call them and it's still my responsibility?

Your procedures WERE covered - after the waiting period. It's on YOU to know these things...really.

 

[PayrollHRGuy]

You mean the dentist can tell me that he called the insurance company and say it was covered and not really call them and it's still my responsibility?

Yes, that is exactly what I mean.

 

[xylene]

Moreover, the fillings fell out within 24 hours. I went back to the dentist for replacement however the dentist said it wasn’t worth a second attempt and just put a "Band-Aid" on the broken teeth.

This is what I'm more concerned about.

 

[PayrollHRGuy]

This is what I'm more concerned about.

The filling failures may have more to do with the OPs teeth than the dentist.

 

[amccombs]

I don't see how the dentist can legally say that he received preapproval from the insurance when there was a waiting period.
I never had problems with fillings from other dentists, so his was just poor quality of work, which I guess the law doesn't care about.
Thanks.

 

[PayrollHRGuy]

It isn't the dentist's job to check the status of your insurance.

If and when he sues you, fill free to use as a defense that his work fell out within 24 hours.

 

[Zigner]

I don't see how the dentist can legally say that he received preapproval from the insurance when there was a waiting period.

Once again: It is your responsibility to verify your insurance coverage.

I never had problems with fillings from other dentists, so his was just poor quality of work, which I guess the law doesn't care about.
Thanks.

Sure it does - you'll need to have another dentist examine you and state that the first dentist did something wrong.

 

[xylene]

The filling failures may have more to do with the OPs teeth than the dentist.

Maybe. But if the restoration was unlikely to be successful because of the condition of the OP's teeth, then doing the restorations veers into malpractice or outright fraud.

Assessing the viability of a restoration is a baseline part of competent dentistry.

 

[PayrollHRGuy]

Maybe. But if the restoration was unlikely to be successful because of the condition of the OP's teeth, then doing the restorations veers into malpractice or outright fraud.

Assessing the viability of a restoration is a baseline part of competent dentistry.

There are lots of reasons they could have failed and we have ZERO info.

 

[amccombs]

Interesting thought xylene, a dentist's friend did the restoration. When we went in for the re-do, the owner is the one that put a "Band-Aid" on it, maybe because his opinion that a restoration wasn't a viable.

 

[Mass_Shyster]

If the dentist ends up suing to collect the fees, you can raise all of these issues in a counterclaim, and you'll avoid the filing fee. I suggest you speak with an attorney.

 

[quincy]

Interesting thought xylene, a dentist's friend did the restoration. When we went in for the re-do, the owner is the one that put a "Band-Aid" on it, maybe because his opinion that a restoration wasn't a viable.

Can you describe this "bandaid?" What exactly was done to your teeth?

I agree with Mass_Shyster that you should speak to a dental malpractice attorney for a personal review of your treatment. Something seems off with what you experienced.