If I started dental treatment 3 months ago, should I be responsible to pay even though the reason I am leaving is because of their poor job?

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If I started dental treatment 3 months ago, should I be responsible to pay even though the reason I am leaving is because of their poor job?

I have had several fillings redone because the dentist insisted I get porcelain fillings but ever since she began working on my mouth everything has gone wrong. They’ve done fillings and I am now in pain. I cannot chew from the right side of my mouth because it is painful. I went back to cancel my treatment with them because I don’t feel comfortable with them anymore and I do not like the job they have done. The dentist became confrontational at the check-in counter. She is charging me an obscene amount to cancel.

Asked on March 4, 2013 under Malpractice Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am sure that the dentist had you sign something about the work and payment when you came in to start and that will be considered a contract.  Your claim here is that not only was there malpractice - which you will need to see another dentist about confirming and then an attorney - but a breach of the contract as a result.  You will not be paying the balance or the cancellation fee but you are going to have to be able to prove all of this when they sue you for the money.  And sue you they will.  So go and speak with another dentist above a second opinion and then a lawyer.  Good luck.


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