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Re: Dentist threatening to sue me!
Posted by cs on 8/3/2009, 12:04 am, in reply to "Re: Dentist threatening to sue me!"
Thank you, Sasha! That's pretty much the point I was trying to make.
The options for a dissatisfied patient are limited. They include:
1) Negotiation, which apparently the poster tried without success;
2) Requesting the assistance of a third party to resolve the dispute. In this case, it could range from the local dental association (or other professional organization) to the Better Business Bureau or governmental agency, such as a licensing board.
Unfortunately, although their missions include additional worthy goals, both the ADA and BBB are basically membership organizations — in the sense that members pay a fee to belong, in exchange for which they receive support services, including assistance with the resolution of disputes, if the member is willing to abide with the recommendations of a jury of peers.
For whatever reason, the dentist already has ruled that out and instead has decide to try a little saber rattling, with the hope of scaring her off.
But in view of the trend toward malpractice suits, it's also highly likely that her dentist also has legal consul on a retainer, whose job is to protect he dentist's reputation against all charges. Both for that reason and becaue his behavior sounds a little erratic, like you — I suggested that she find an attorney to guide her, as well.
At the same time, I believe that if she can present corroborating proof, she might achieve her goals more quickly by filing a case in Small CLaims Court. Not only would she probably win the suit, but the dentist might not even appear. If that were to happen, he would not have to face the stress and potential embarrassment of defending himself; the judge probably would rule in her favor; and if she is lucky, the dentist will obey the court order to refund part or all of her money. In the long run, it could be a lot less costly than taking the time from his practice for a court appearance . . . or paying his attorney for the cost of time required to defend him.
The only fly in the ointment is the hassle of collecting the $$$. Unfortunately, defendants often refuse to obey the court orders But there are other ways for her to collect the money due her (if that is what the court orders.)
Responses:
- Re: Dentist threatening to sue me! - S 8/3/2009, 8:16 pm
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