If my dentist quit my case in the middle of my dental work, ishe responsible for refunding the money thatI paid in advance?

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If my dentist quit my case in the middle of my dental work, ishe responsible for refunding the money thatI paid in advance?

My dentist was in the middle of doing a crown and he said I needed a root canal on a different tooth. He suddenly left without providing me any notice. The office where he worked also did not notify me (it’s owned by a different dentist). I called him for 2 weeks, no answer. He called me after 2 weeks. At this point, I want a refund for the unseated crown he never put on but I paid for. He has been mean and will not seat it. He is saying that since he was a contracted employee at that office, he is not financially responsible. Is this true? Could I win in small claims? Is this abandonment?

Asked on October 28, 2010 under Bankruptcy Law, California

Answers:

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

Answered 10 years ago | Contributor

You need to determine his employment status at the dentist's office and if you paid HIM or if you paid the office for his work.  Then after you determined the status (and how the money was applied) I would sue whomever it was determined that had you as a patient.  Yes, I do think that you could win is small claims if it was him.  Now, have you attempted to have the office complete the work? I would definitely demand that they do and then you will knowhow they at least viewed you.  And I would sue both the office and the individual dentist to be sure anyway.  You should also report them to the licensing department for the state if you get no satisfaction.


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