State of New Mexico Orthodontist refuse to take braces off IF balance is not paid in full

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State of New Mexico Orthodontist refuse to take braces off IF balance is not paid in full

In the State of New Mexico what is the legality of an orthodontist stating that at such and such date, braces need to be removed but WILL NOT be removed until ALL payment is fulfilled. Wouldn’t that considered Malpractice?

Asked on March 21, 2016 under Malpractice Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it's not malpractice because it's not a medical error. It is an orthodontist giving the patient fair warning that his services are not free and that orthodontist will not do work until and unless he is paid, which is his right. 
Emergency rooms in hospitals have to provide emergency services regardless of payment abilty; orthodontists do not.


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