Legal question, orthodontia?!


Question:

Legal question, orthodontia?

Legal question orthodontist treatment?
Orthodontist treatment paid in full by patient ( no insurance). Patient in treatment acquires dental insurance and submits a claim. Insurance gives back 1,000 dollars to patient, they send check to orthodontist office. Office keeps those 1,000 dollars stating that treatment took longer than expected due to few missed appt's which patient paid for individually for! Orthodontist won't give back money and now decides to charge patient 150 dollars for each appt from now on till the next year that treatment will be over. Is this allowed? by the way no one ever told patient that treatment was going to be longer until patient submitted insurance claim! sorry for the lenghty explanation! thank you! legal advice needed!
I have already asked this question twice, the reason why i am asking again is because i am not getting any answers under the law segment! thank you I'm desperate and losing sleep over this~


Answers:

Orthodontist is a *&?@NF# crook. I would stop treatment immediately, file a complaint w/ the Dental Licensure Board, the Better Business Bureau and I would write a letter to the local paper and USE NAMES! I would also contact the Office of the State's Attorney General. Every state has a consumer affairs department and I have found them to be of tremendous help when I need them. Additionally, why the hell did the patient send a $1,000 check to the orthodontist in the first place? IF the check was in the patient's name, the money CLEARLY belongs to the patient. If the check was in the orthodontists' name, that's not so clear. I would not hesitate to file a small claims suit over this. Realize that you are eligible for triple damages if you prevail, so it might be worth your time to get an hour or two's worth of advice from an attorney in re: this matter. I would also phone up the insurance company and document (that is, follow up the phone call w/ a certified letter with PROOF) that the Orthodontist had already been paid for the missed appointments. This constitutes double dipping, and from my perspective is insurance fraud. I'm sure your insurance company will be delighted to receive this information. I am assuming you have cancelled checks or bills showing amount remitted to/rec'd by the business office of the orthodontist to prove you paid for the missed appointments in full already? Another option is that you could finish your treatment, or get as far down that road as you can, run up $1,000 in bills and then refuse to pay, EVER, or put the money in an escrow account and inform the dentist that s/he will be paid for their services when your money is returned with interest. I'm not an attorney, so pls. think seriously about getting some actual legal advise, as laws and correct procedures vary from state to state. IT SUCKS when professionals act as thieves and opportunists! Go get 'em!!!!!!!! I am the Queen of the Intensely Worded Demand Letter. Take no prisoners, and don't mince your words. Don't back down once you know you're right, either. I recently dealt w/ Unicel for 4 months b/c they kept billing my 19 yo son for a $150 payment he'd already made and they'd already received. I got them to essentially give him 2 months service for FREE, b/c I was right, I knew I was right, I proved I was right and I wouldn't back down. I essentially feel they owed us this much just for the time spent trying to straighten out the matter. We haven't seen a bill since I think it was April either, b/c they are so incredibly incompetent. The squeaky wheel gets the grease, baby. Double so for irate, ballsy, squeaky wheels who won't go away, won't back down, write kick *** letters and contact the AG's Office for backup when necessary. My mother taught me all this! Go get 'em, just b/c you should.

PS: I actually WOULD hesitate to file a small claims suit until an attorney had told me I was absolutely in the right. There are filing costs and it is a procedure that will take some time and intention. I usually do very well w/ the letter writing and calling in the big guns when I need them, without having to take time off work or to start spending good money after bad. Just be sure you can prove everything you say and that as I've said, an attorney has informed you you're in the right, before you proceed. Best of luck!




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