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  1. #1
    Join Date
    Dec 2019
    Posts
    7

    Default Dentist Refused to Treat Me & Left Me Suffering!

    This took place in NY. I went to see a dentist at a hospital because of a painful tooth. They took xrays and gave me an appointment in january to do work on it. I couldnt wait that long so I went to a dental clinic the next day instead.

    I brought my xrays and med records from the hospital. The secretary and dentist approached me. First they said my records were not accepted because they were not in their system. But this made no sense since med records are accepted everywhere. And the dentist himself taught in the same hospital I got my xrays done. They said they needed more xrays. But I told them I already had already taken them and had been exposed to too many in the past. I even told them I have a hormonal imbalance sensitive to radiation. I got upset with myself naturally but didnt raise my voice. Then dentist walked off and I never saw him again. The secretary said the dentist cant work on me me cuz I got upset. The hell??? I couldnt believe this was happening. I had to endure this pain for a while. I asked to see the dentist but the secretary said no. I asked why and she said because I got upset. She walked back to her desk and then completely ignored me. I then said I was going to call a lawyer and complain about this with the ADA then I left.

    The next day, I went to another dentist who accepted my xrays without any problems. But I couldnt get work done there either because of my insurance. So I had to endure this pain even til now.

    I seriously want to sue the dentist that refused to see me for her stupid idiotic reasons while he ignored me and refused to treat me while I suffered with all this pain. This is a huge injustice and I strongly believe I have a case. Hope you guys can point me in the right direction and offer some advice. Thank you.

  2. #2
    Join Date
    Oct 2014
    Posts
    7,540

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    Quote Quoting devin
    View Post
    I seriously want to sue the dentist that refused to see me for her stupid idiotic reasons while he ignored me and refused to treat me while I suffered with all this pain. This is a huge injustice and I strongly believe I have a case. Hope you guys can point me in the right direction and offer some advice. Thank you.
    This will not be what you want to hear, but it's important that you understand how the law works in this kind of situation. When it comes to decisions about who they will serve doctor and dentist offices are treated under the law as businesses like any other. And businesses have the right to deny serving any person for any reason except for a few reasons prohibited by law.

    The Americans with Disabilities Act (ADA) does not apply here. Your tooth, though painful, is not a disability under the Act. Even if it was, what the ADA says is that the business cannot discriminate against you because of the disability. But the dentist did not refuse to see you because you had a painful tooth. The dentist refused to see you because he did not want to rely on the records you provided and because of your attitude. Perhaps your attitude would not have aggravated most people, but that doesn't really matter. The refusal was not because of a disability nor, so far as I can see from what you wrote, was the refusal based on any other prohibited reason (like your race, religion, sex, etc). As a result, the dentist was within his legal rights to refuse to treat you. Thus, if you sue the dentist over this you will lose. And you might even get hit with sanctions for filing a frivolous claim.

    Now perhaps some facts that you didn't mention might change the outcome here. So on the off chance you left something out you might want to consult a lawyer in your area to see if you might have something to pursue. Just don't get your hopes up much on that. Chances are good you'll hear much the same thing from the lawyers you consult.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,181

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    What law do you believe exists that requires the dentist to treat you regardless?

  4. #4
    Join Date
    Dec 2019
    Posts
    7

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    Quote Quoting cbg
    View Post
    What law do you believe exists that requires the dentist to treat you regardless?
    I dont understand your question.

    Quote Quoting Taxing Matters
    View Post
    When it comes to decisions about who they will serve doctor and dentist offices are treated under the law as businesses like any other. And businesses have the right to deny serving any person for any reason except for a few reasons prohibited by law.

    The Americans with Disabilities Act (ADA) does not apply here. Your tooth, though painful, is not a disability under the Act. Even if it was, what the ADA says is that the business cannot discriminate against you because of the disability. But the dentist did not refuse to see you because you had a painful tooth. The dentist refused to see you because he did not want to rely on the records you provided and because of your attitude. Perhaps your attitude would not have aggravated most people, but that doesn't really matter. The refusal was not because of a disability nor, so far as I can see from what you wrote, was the refusal based on any other prohibited reason (like your race, religion, sex, etc). As a result, the dentist was within his legal rights to refuse to treat you. Thus, if you sue the dentist over this you will lose. And you might even get hit with sanctions for filing a frivolous claim.

    Now perhaps some facts that you didn't mention might change the outcome here. So on the off chance you left something out you might want to consult a lawyer in your area to see if you might have something to pursue.
    How is pain in the tooth a dentist refused to treat over his stupidity not considered a medical disability? That makes 0 sense. Youre mistaking American Disability Act (ADA) with American Dental Association. I want to file a complaint with them since its a dental org that I greatly assume he belongs to.

    How would I get slapped with sanctions for filing a "frivolous" claim when its NOT a frivolous claim because I was in pain?? No offense but that doesnt make any sense. And why sanctions? I'm an individual not a business.

    To add to what I may have left out.. the secretary said she'd give me 5 minutes to think over what I want to do, whether to get the unnecessary xrays or to leave.

    I have a recording to attest to all I said.

  5. #5
    Join Date
    Oct 2016
    Posts
    3,469

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    Quote Quoting devin
    View Post
    I dont understand your question.
    For something to be illegal there must be a law against the something or in your case requiring something.

  6. #6
    Join Date
    Jul 2018
    Posts
    1,897

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    Quote Quoting devin
    View Post
    I seriously want to sue the dentist that refused to see me for her stupid idiotic reasons while he ignored me and refused to treat me while I suffered with all this pain. This is a huge injustice and I strongly believe I have a case. Hope you guys can point me in the right direction and offer some advice.
    You cannot sue successfully because the dentist had no legal obligation to treat you.

    Quote Quoting devin
    View Post
    How would I get slapped with sanctions for filing a "frivolous" claim when its NOT a frivolous claim because I was in pain?? No offense but that doesnt make any sense. And why sanctions? I'm an individual not a business.
    Both the law of New York and federal law provide for sanctions for a party who files a frivolous lawsuit (regardless of whether that party is an individual or business entity). Any lawsuit you might file would, by definition, be frivolous for the reasons I and others have explained.

    You are, of course, free to complain to the ADA about this.

  7. #7
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    281

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    Devin, you may be thinking of certain hospital admissions where you can't be denied treatment for inability to pay, say at or below the federal Poverty level, or such as a woman ready to give birth, etc.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,181

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    I'll restate my point.

    The dentist is not obligated to treat you. Where are medical circumstances where a doctor has an obligation to treat, those circumstances do not appear to apply here. Because he has no such obligation, you do not have any obvious grounds for a suit.

    However, if you believe there is a law or other legal obligation that is being overlooked and which would have forced the dentist to treat you no matter what the circumstances, please state that law.

  9. #9
    Join Date
    Jun 2014
    Posts
    3,116

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    Quote Quoting devin
    View Post
    This took place in NY. I went to see a dentist at a hospital because of a painful tooth. They took xrays and gave me an appointment in january to do work on it. I couldnt wait that long so I went to a dental clinic the next day instead.

    I brought my xrays and med records from the hospital. The secretary and dentist approached me. First they said my records were not accepted because they were not in their system. But this made no sense since med records are accepted everywhere. And the dentist himself taught in the same hospital I got my xrays done. They said they needed more xrays. But I told them I already had already taken them and had been exposed to too many in the past. I even told them I have a hormonal imbalance sensitive to radiation. I got upset with myself naturally but didnt raise my voice. Then dentist walked off and I never saw him again. The secretary said the dentist cant work on me me cuz I got upset. The hell??? I couldnt believe this was happening. I had to endure this pain for a while. I asked to see the dentist but the secretary said no. I asked why and she said because I got upset. She walked back to her desk and then completely ignored me. I then said I was going to call a lawyer and complain about this with the ADA then I left.

    The next day, I went to another dentist who accepted my xrays without any problems. But I couldnt get work done there either because of my insurance. So I had to endure this pain even til now.

    I seriously want to sue the dentist that refused to see me for her stupid idiotic reasons while he ignored me and refused to treat me while I suffered with all this pain. This is a huge injustice and I strongly believe I have a case. Hope you guys can point me in the right direction and offer some advice. Thank you.
    A hormone imbalance is not a disability.

  10. #10
    Join Date
    Dec 2019
    Posts
    7

    Default Re: Dentist Refused to Treat Me & Left Me Suffering!

    Quote Quoting cbg
    View Post
    However, if you believe there is a law or other legal obligation that is being overlooked and which would have forced the dentist to treat you no matter what the circumstances, please state that law.
    How would I state that law if I'm not a lawyer but asking for legal advice?

    So according to you its ok for a doc to turn you away even if youre dying and need his help to live just cuz he didnt like that you snickered???

    Quote Quoting Mercy&Grace
    View Post
    A hormone imbalance is not a disability.
    Never said it was. Youre not reading my thread right.

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