Is a verbal agreement regarding dental charges enforceable?

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Is a verbal agreement regarding dental charges enforceable?

About 2 months ago, I went to the dentist for a root canal evaluation (and to obtain a painkiller prescription). At my request, the dentist office verified with my insurance my coverage. They were told by my insurer that I had to pay all the costs of the procedure, about $1,000. I canceled by phone my next appointment because of the high out of pocket expense. A few hours later, another secretary from the dentist called me and said that they would do the procedure for only $300; I accepted. However, now they’re now asking me to pay for the rest of the procedure and I feel I have been baited by the verbal agreement they made. My only proof would be a testimonial by the secretary. Should I file in small claim court and subpoane the secretary?

Asked on February 21, 2014 under Business Law, New York

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The fact that they are only "asking" you to pay them more money is not going to support a claim for breach of contract.  You would have to have actually paid it or been damaged some other way by their collection efforts.


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