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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29133
Experience:  29 years in civil, probate, real estate, elder law
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I recently encountered a patiet that I have performed implant

Customer Question

I recently encountered a patiet that I have performed implant bridge on. Although the first bridge was placed successfully, patient came back in a few months complaining of the "air flow" she felt from her teeth. I told her it was from her lower teeth that she did not want to do and not from the implant bridge on the upper teeth. In order to satisfy the patient, I took down the bridge and had impression taken and sent to lab for a new one on my cost. The second bridge took longer than expected, it was due to the lab's back and forth with the ill-fitting framework and try-in's and patient's own vacation away and personal problems that it took almost 1-1/2 years. Now the bridge is back for permanent delivery, patient refused to come back and threatens to sue in order to get a full refund back. I felt cheated and disappointed but what should I do that is best for me and my practice?
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

RayAnswers :

Thanks for your question and good day to you.My sympathy here for your situation.

RayAnswers :

I would respond to her in writing going over your year and a half history and offer her say half of her money back.It doesn't hurt for you to point out the expenses and labor you incurred trying to correct the problems.To me thats a reasonable offer of resolution here.

Customer:

I heard that if the patient claims pain & suffering, the court almost always resides with the patient and the doctor is always on the losing end, is this correct?

RayAnswers :

Overall you have made a determined effort and incurred expenses and labor to try and correct this.By pointing all of this maybe you can resolve this fairly.It certainly doesn't hurt you to respond here with detail and attempt to resolve it in case she does file such a complaint.

RayAnswers :

I would not agree that the patient always wins especially here if you make a good faith offer to resolve it as you are doing together with all you have done.

RayAnswers :

But that comes down to your judgment and whether you want to just refund it all and walk away.

RayAnswers :

You certainly have made a good faith effort over time here to resolve the patients problems and correct it.

RayAnswers :

That should count for a lot in my mind.It is not like you never responded here you have consistently tried to resolve it.

Customer:

Yes, I have tried my best but the patient did not want to hear me out and kept thinking that it was all my fault and that I blamed on the lab. If I refund it all, can I have her sign a waiver that I will be released of any and all responsibility for her treatment?

RayAnswers :

Yes you certainly want to get a release from her before you give her the check.She can come by sign it and pick up the check.

Customer:

Ok, thank you very much. You have been very helpful and your response is greatly appreciated.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29133
Experience: 29 years in civil, probate, real estate, elder law
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