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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4874
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I paid full amount of $12000.00 to a dental clinic for the

Resolved Question:

I paid full amount of $12000.00 to a dental clinic for the whole treatment because the dentist said my condition was very poor, and need to do treatment right away. This is happen on Last Tuesday. They did some x-ray and deep cleaning on half of my mouth last Tuesday. Next day, I found a big bruise on my face, I then went to the dentist office again, he told me the bruise was from his shoot, his put the niddle in the wrong place, but bruise should go away in 10 days. Today is the 10th days, my bruise still there.
I want to know if I can ask to cancel the service. I just feel no confidence with this clinic anymore. TKS!
Submitted: 9 months ago.
Category: Legal
Expert:  Joseph replied 9 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Did you sign a contract with the dental clinic for the treatment?

If so, do you happen to have a copy that you can send to me (using the attach a file, 'paperclip' icon button)?
Customer: replied 9 months ago.

I only sign the invoice paper, inside the paper they have treatment include : RPLS (deeping cleaning)+ Osseous sergery 4 Quads + #4 RCT PBU + #( RCT PBU +#14 MOL


Total Cost is $14,525 discount to $12000.00 Paid in full


 


and I have my signature

Expert:  Joseph replied 9 months ago.
Hello Molly,

I'll look into this for you and get back to you soon.

Customer: replied 9 months ago.


TkS!


 


I am still waiting for your advise.

Expert:  Joseph replied 9 months ago.
Hello Molly,

Thanks. XXXXX get back to you shortly.
Customer: replied 9 months ago.


Do you have an answer yet, I need to off line in a short time

Expert:  Joseph replied 9 months ago.
Hello Molly,

You may have a case that the contract was breached by the dentist since he or she negligently performed the work causing you to have a bruise that has lasted more than 10 days. You would need to prove that this standard of care is negligent in relation to the profession, however, which may be difficult, since there doesn’t appear to have been any mistake as far as the actual dental procedure went, just the placement of the shot.

Additionally, assuming that the bruise will go away eventually, and likely within the next few days, your lack of permanent damages due to negligent care would be unlikely to cause a breach by the dentist allowing you for a full refund of services you’ve yet to receive.

Your second option would be to breach the contract anyway and demand that your money be returned. Since there was no contractual language other than the invoice, you should be able to recoup most of the remaining contractual price, assuming that the dentist (and clinic) can mitigate their damages substantially enough by finding other patients to fill in the slots that you were scheduled for. Still, considering your contact with them, they would be unlikely to simply refund your money, and you may have to take them to court to receive (the majority of) your money back.

In California, you can sue for up to $10,000 in small claims court, however, so you wouldn’t need an attorney and can file the case yourself and represent yourself against the dental clinic.
You can find the appropriate forms and information online here:

http://www.courts.ca.gov/1007.htm




I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4874
Experience: Attorney with significant and substantial experience in multiple areas of law.
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