Results 1 to 4 of 4
  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Angry Dental Work Contract - Treatment Didn't Work and I Discontinued the Plan

    My question involves a consumer law issue in the State of: Illinois

    I switched to a new dentist in June for a routine exam, xrays and cleaning. The hygenist and dentist confirmed that I needed a gum treatment plan for beginning stages of gingivitis that my old dentist did not detect six months earlier. They presented me with an itemized Soft Tissue Managment plan to treat the gingivitis and several teeth that were causing me sensitivity problems.

    The plan (contract) is broken down over three sessions (visits) for $850. The plan includes a very expensive rotary toothbrush $130, remineralizing toothpaste $40, and mouthwash (not sure of price). All three items were given to me on my first gum session. It's considered a package deal. I was required to pay $280 for the first session.

    The treatment plan I signed does not have any Terms, Conditions or fine print. All it says after the itemized treatment breakdown is:

    Total Soft Tissue Management Case $850.00
    I Accept This Case ______________Signature and Date

    During the first gum session, the hygenist had to apply several applications of the desensitizing treatment because it was not working. After this session, I experienced a lot of pain and swelling. My gums were extremely sore.

    I confirmed with the business office manager that I did not want to continue with the remaining two treatments since I had such a bad experience and the treatment didn't work. I told her and the dentist twice that I did not want to continue. Now, she is claiming that if I discontinue the treatment plan, they will bill me individually for the itemized service for the first treatment session, which alone would be $1000. Plus, she claims since they gave me those three products (listed above), that I received a lot of stuff valued way over the $280 I initially paid for the first session. She says this as if they were doing me a favor.

    Is it right for them to charge me indivdiually for services performed that did not work and I do not want to continue the plan? Since the paper I signed didn't have any Terms, do they have a legitimate claim against me?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dental Work Contract - Treatment Didn't Work and I Discontinued the Plan

    If you don't want to continue your plan, they are entitled to payment for work that they have performed. Nobody here can promise you how aggressively the dentist's office will pursue your debt, report it to credit reporting agencies, or try to collect it through a court action. Often they simply report deficiencies on your credit and send the outstanding balance to a collection agency, but policies vary.

    If it ends up in court they, presumably, will argue that as you breached the contract you are responsible for the services at their individual price and not the package price; you're free to respond that there was nothing in the contract that suggests a discount, that quantum meruit would entail some portion of the contract price based upon the portion of work performed, and that contract damages obviously cannot exceed the full value of the contract; and then the judge will decide.

  3. #3
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Dental Work Contract - Treatment Didn't Work and I Discontinued the Plan

    Thanks for responding.

    Well, based on the plan, I did pay for the services provided and for product(s) that were dispensed. I paid for the portion of the services on the contract that I received, which did not work.

    The plan does not state that there any risks involved associated with the service. Just like I told them, why would I continue services for something that caused me a great deal of pain. Just like you mentioned, the plan does not give any stipulations about the services performed, not performed, breach, etc.

    I am willing to compromise with the offce. Since I paid money for a treatment that didn't work, take my payment and apply it towards the products. If there is any remaining balance for the product, I'll pay the difference. This is the stance I plan on taking with the dentist when I meet with him today.

    How does this sound?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Dental Work Contract - Treatment Didn't Work and I Discontinued the Plan

    There are risks involved with any service. I doubt that the procedures we're discussing carry any risks that aren't obvious, but if you're worried about risks you can talk to your dentist.

    Any treatment that involves scraping and cleaning beneath the gum line will cause pain and inflammation. Although flossing is a minor irritant, if you don't floss on a regular basis even that is likely to cause bleeding and pain that may continue for a day or two - I don't think that you'll find a dentist on the planet who can offer you a way to overcome the long-term neglect of your teeth and gums without your experiencing some pain.

    1. Sponsored Links
       

Similar Threads

  1. Dad's Mad About Cost of Dental Work and Wants More Time With Our Daughter
    By mz_805 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 01-16-2011, 10:51 AM
  2. Medical Malpractice: Dental Problems After Treatment Plan Was Changed, No Notice to Patient
    By Maxomom in forum Malpractice Law
    Replies: 2
    Last Post: 01-12-2011, 01:59 PM
  3. Debt Collectors: Additional Costs for Dental Work
    By ansquest in forum Debts and Collections
    Replies: 3
    Last Post: 10-25-2008, 04:00 PM
  4. Health Insurance: Dental Work Denied
    By clpatton80 in forum Insurance Law
    Replies: 3
    Last Post: 08-13-2008, 06:02 PM
  5. Premises Liability: Woman fell and needs extensive dental work
    By NewHomeowner in forum Accidents and Injuries
    Replies: 3
    Last Post: 02-06-2006, 06:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources