Can a dentist bill for a filling now, that he forgot to put on the bill from 11/8/16?

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Can a dentist bill for a filling now, that he forgot to put on the bill from 11/8/16?

My son had a filling fall out and the dentist fixed it 11/8/16.
The charge was 225.00, and was paid for that day.
Now,after another visit where he filled 2 other teeth for a
total of 355 that was paid at that visit. Now, today, we get a
bill showing what was done at the last visit on 2/25, and a
Balance forward amount of 225.
I phoned and that’s when the person that answered the
phone said the doctor discovered at that appointment that
he never charged for a second filling that was done on
11/8/16. He never said anything about it on 2/15??
Can he do that?

Asked on March 7, 2017 under Business Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually, to begin with, you are wrong: if you bought a gallon of milk last week and were not, due to an error or oversight, asked for money for it at the time, the store *can* ask you for the money now--the law is very clear that a failure to charge at the time does not invalidate a debt. (Obviously, for the cost of a gallon of milk, it's not worth it for the store to do anything as a practical matter, but the legal principal remains.)
If two fillings were done and you were only charged for one due to some error or oversight on the dentist's part, you still owe for the 2nd filling you received. If you don't pay them, they would have the legal right to sue you or put you into collections.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually, to begin with, you are wrong: if you bought a gallon of milk last week and were not, due to an error or oversight, asked for money for it at the time, the store *can* ask you for the money now--the law is very clear that a failure to charge at the time does not invalidate a debt. (Obviously, for the cost of a gallon of milk, it's not worth it for the store to do anything as a practical matter, but the legal principal remains.)
If two fillings were done and you were only charged for one due to some error or oversight on the dentist's part, you still owe for the 2nd filling you received. If you don't pay them, they would have the legal right to sue you or put you into collections.


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