How do I get my dentist to pay for ahospital bill incurred due to his negligence?
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How do I get my dentist to pay for ahospital bill incurred due to his negligence?
My dentist was putting a crown on my tooth and dropped it down my throat. I went to the hospital to have a chest X-ray and a cardiogram because I had a pain in my chest and wasn’t sure if the crown was the cause of it. Now my dentist refuses to pay for it unless I sign a release form from him which states that I cannot sue him for any reason in the future, even if the crown caused a problem. Now the hospital has sent the bill to the collection agency and now my credit is ruined because he won’t pay the bill. What should I do now? Should I speak with a malpractice attorney? In Warren County, NJ.
Asked on February 22, 2011 under Malpractice Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, bear in mind that it's *your* responsibility to pay the hospital, even if you in turn have the grounds to sue someone else--the dentist--for the costs. Therefore, you're the one who has the legal obligation to pay this bill and from a legal point of view, it's not the dentist's fault that the bill went to collections.
Second, however, you may well have grounds to sue the dentist for your costs, such as the cost of the X-ray, cardiogram, etc. You incurred these costs due to your dentist's neglience, and may wish to speak with a medical malpractice attorney.
Third, the dentist has the right to ask you to sign a release. You have the right to refuse to do so. If you want to collect from him and he won't pay otherwise, you'll need to sue him.
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