Dear Customer, thank you for using our service. My name is XXXXX XXXXX X would like to assist you today.
If the dentist is attempting to charge you for work he did not perform (1 sealant instead of 2) he will be unable to collect.
If the dentist took advantage of your wife's reduced mental state due to medications he administered, he cannot claim that she had the capacity to enter into the contract knowingly and voluntarily. (It is possible in some situations that medical professionals are permitted to exceed the scope of the initial contract, but adding additional sealants is generally not this scope).
The Dentist may be entitled to "quantum meruit" or the reasonable value of services actually rendered - but if he performed his services negligently or in an "unworkmanlike" manner - he should not be permitted to benefit from the contract.
If you have already paid for these services (on your card), you will have to file a small claims action against the dentist for breach of contract, negligence, and fraud (it is a small stretch, but you can add the last cause of action - he told your wife he would perform one task while she was lucid, and told her another thing while she was not)
If you have not yet paid for the services, you are in a defensive position, meaning that unless and until the Dentist actually pursues a collection action against you, you do not need to assert any of these affirmative defenses.
He had her sign up for care credit to help pay fro the bill ( this is after he had administered the nitric oxide ) and he had her use my name. I have never seen this dentist let a lone had any work done by him. I am unwilling to pay off this credit care company due to the fact that I never signed anything and that he never did all the work that he stated on the bills. I guess the question really is that if I claim fraud with the credit company is my wife in any way in trouble?
No, your wife should not incur liability - she was lacked capacity, the dentist knew this at the time he signed the document. Neither the dentist nor your wife has the right to obligate you to a contract such as this.
(I am sorry that should read "she lacked capacity")
Thank you, This dentist name isXXXXX in Fenton, Mi. I had been in to talk with him several times only to be told by the front desk lady that they couldn't find him even after waiting for 45 minutes in the waiting room. My wife is not the first that he has done this to, look up rateMDs.com and look him him up. If he had done the work completely or even just talked with me to explain why, I would not be asking these questions. But I myself never would have agreed to a contract like the one that he had my wife do. Again thank you for your answer.
You are welcome. I am very sorry to hear that your wife was taken advantage of by this individual, and that your name was used in this false credit application. In addition to your civil law remedies, you can also report this individual to the Michigan State Department of Health Professionals here: http://www.michigan.gov/lara/0,4601,7-154-35299_63294_27647-67349--,00.html
Again, thank you
Have a good nite
Thank you, XXXXX XXXXX do the same.
I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.
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