Is letter enough?

[stormy weather]

I have a letter from my dentist forgiving the remainder of my contract. However, the letter is full of discrepancies. 1. The number of teeth involved that aren't finished. 2. the amount he is forgiving (he states is $16,000.) It is actually $16,750. 3. He claims I claim everything needs to be redone. Truth is I have never said that (13 - 14 need to be redone.)
My question: Is his letter sufficient proof that I no longer owe him anything, or should I get further proof - some kind of release form or something to make it official? In California.
Thank you.

 

[ellencee]

#1 12-30-2004, 07:00 PM
stormy weather
Junior Member Join Date: Dec 2004
Posts: 4
negotiations with dentist
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Hi everyone -
I had full mouth reconstruction - all crowns. The work was to have taken 2 months, but 11 months later, 2 are unfinished and 8 - 10 crowns need to be redone. I couldn't take anymore and told him I wanted my money back that I wanted to go elsewhere to have the work finished and redone. He called me a "con" and said he would "maybe, after sending him a bill for the work, pay it, after the work was done by another dentist. maybe. (this was a phone call.)

I wrote him a letter giving reasons why I wanted my money back - inability to get it right, 11 months instead of 2 months, etc. But that I would take 1/2 of the money I paid up front. The financial agreement was I paid 1/2 - $14,000 and when the work was done I would pay $14,000. ($28,000total contract) Yes, I am foolish, no, I am not rich.

He wrote that he would forgive the remainder of the contract ($14,000.) I want a $7,000 refund - I had about $1,000 additional expenses for root canal and prescriptions. I said because I would forego the 5 year guarantee and forego mediation, if he gave the refund. It is pretty scarey to have these crowns without a guarantee. I just wouldn't go back to him for any reason.

He violated ethics code and believe me, I have reason to not want to pay him.

My question is: If I ask him again for the $7,000 refund after he has offered to forgive the $14,000, can he withdraw his offer, or is it likely he would want to? Not knowing much about negotiations, I don't want to cancel his offer, but I want to try for the $7,000 one more time. The 11 months of his trial and errors were Hell. However, I do not want a law suit.

It's so much easier when posts are kept together.

I think if the dentist offered you $16,000 in exchange for your signature on his offer, you should grab a pen and sign your name. and...say "thank you" to the dentist.

EC

 

[stormy weather]

still wonder

So, you think I should sign this letter with all the discrepancies. Also,I will be relinquishing the 5 year guarantee on the work that won't be redone. I suppose I ought to ask him about that. I want, in addition to half the contract forgiven, $4,000 because of the guarantee and the fact that in the middle, he agreed to reduce the contract by $5,000, because of lab errors and his illness delays. Yet, I am afraid to ask for more because of his volatile disposition and that he might withdraw his offer. How likely do you suppose that is?

 

[ellencee]

stormy weather
Unless you are going to consult with a medmal attorney and sue for the entire amount of having the work redone by a competent dentist, then I believe you should accept the offer. I don't think you would win a suit for partial compensation.

There are discrepancies in your statement of events, which is why I copied and pasted your original post. I'd leave any mention of events out of the final agreement.

Write a letter that simply states that you accept his offer of $16,000 and upon your receipt of the $16,000, the matter will be considered fully resolved. That's what I would do and what's I recommend that you do.

And, yes...I think he could withdraw his offer, wait for you to sue, and let his insurance carrier's defense attorneys represent him against you.

EC

 

[stormy weather]

Thank you. He doesn't have my money to return. He has a contract amount to forgive. The discrepancies in his letter are because he is out of control (not unusual) or he has an ulterior motive. Do I have a time limit to accept his offer? There is more involved.

The reason for the discrepancies in my previous letter is I lost my nerve in posting exact amounts for public view in case he happens to look at this - which I believe is unlikely, but sometimes I am overtaken with paranoia since dealing with him.

But I do appreciate your opinion and would appreciate it if you could tell me what the legal amount of time can pass before accepting his offer.

Thank you again.

 

[stormy weather]

another question

If I do accept his offer, and later (within a year) the teeth start giving me problems, can I sue or do I waive that right? Thank you.

 

[ellencee]

stormy weather
The length of time you have to accept his offer is probably the length of the statute of limitations during which you can sue him for negligence.

Having a $16,000 debt forgiven isn't a bad thing. I understand that you want a partial refund for services provided and I don't blame you; I'd want complete satisfaction if I spent that kind of money on anything.

I was serious when I responded to your initial post in the other thread: who does this guy think he's kidding? It should not have taken 11 months to do this job. No dentist would want it to take 11 months--the teeth move around; it's difficult to match the color of crowns after this much time.

I'd consult with a medmal attorney and find out what remedies are available before I accepted anything or negotiated anything. You don't have anything to lose by consulting with an attorney in your area. It's up to you whether or not to accept the offer but it's up to the statute of limitations as to how long you have to make your decision. A medmal attorney in your area can answer that question. I believe the statute can extend through your treatment but an attorney has to do that for you.

EC

 

[ellencee]

stormy weather
I didn't answer your question, did I?

If you accept his offer, will you later be able to sue? That depends on the wording of the contract or agreement. If the letter states that he is voiding the remainder of the contract and you do not owe the remaining $16,000, then "yes", you could still sue for the damages to your teeth and the costs of repairing the damage.

If the agreement states that he is voiding the remainder of your contract as settlement of your claim of being dissatisfied with the services provided and you accept (by signing) the same, I believe you are agreeing to waive any future attempt to file suit for damages. I suggest that you spend $35 or $50 or whatever the consultation fee is for an attorney to reveiw any document/contract before you sign.

EC

 

[stormy weather]

contract lawyers vs dental mal lawyers

Thank you for your reply.

My conversations with med/mal attorney's offices and attorneys have not been helpful as they are only interested in suing and do not offer advice on negotiating. I am considering an appointment with a contract type lawyer. I don't know what they are called and even if this is the right area.

 

[stormy weather]

what kind of lawyer?

Guess I should have put a quesiton mark after last post. Can anyone make a suggestion about what kind of lawyer would be good at helping me negotiate with a dentist, and read his letter offering to forgive half the contract? Like I said before, the mal/med lawyers weren't that helpful because as one said, they make their money suing. Thank you.

 

[stormy weather]

THE letter

This is the letter he sent. Please give an opinion as to how I should respond. I have put in parenthesis the statements he made which are incorrect.
_____________________________________________________
Your opinion of the inadequacy of your dental work is only one consideration. You must have a professional agree that the work is defective and explain the reasons why and be able to support that claim. (no dentist will do that because of getting involved in a dispute causing friction with peers and time) You had 28 teeth treated, 4 of which are unfinished. (2 are unfinished) Even if you have half of all teeth redone that's 14 teeth, it would not warrant the degree of refund you are requesting. ($7,500)
Never during the entire course of your treatment (11 months) and your continuous lists of complaints did we even doubt your claims (because they were legitimate and were an attempt to help him get it right) or stop trying to remedy them. You are the one who ended the effort and now claim everything will need to be redone. (he said 10 - 12 needed to be redone and that is what I was going by)
At this point I will forgive you the balance of what you owe me, $15,000 (back in December he reduced the contract by $5,000, then caused the need for root canal which I paid $850 for) not because of the dental work but because of the unstable nature of your emotional dispostion.
Healthcare requires a mutual trust relationship. It does not appear that we have that mutual trust vital to continue our professional relationship.
I am withdrawing from further professional services as your dentist.
You need to secure the services of another dentist as soon as possible to prevent unnecessary complications.
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I would appreciate comments on legal ramifications of agreeing to this letter, or if I should negotiate for a refund. I would like to ask him about the 5 year guarantee on the teeth that won't be redone. Thank you very much. Ellencee - hope you will reply.

 

[ellencee]

stormy weather
I read the letter and this is my opinion and the basis for my opinion:
You need a medmal attorney to prepare an answer for you and to obtain resolution/conclusion to this ongoing problem. It may cost you a couple of hundred dollars but without legal counsel, you can not afford to continue to negotiate with this dentist.
Reasons/rationale:
--Anything stated in a letter such as this and not confirmed or denied by the recipient is (can be) considered to have been validated as the truth.
--I infer that he is trying to intimidate you into not filing a medmal lawsuit by falsing stating that no dentist would get involved, which is a bunch of baloney because if another dentist removes, replaces, completes treatment, etc. that dentist has to justify doing so and will have to document why the work is being done and billed to your expense.

My advice is to respond to his letter by simply stating you are in receipt of his letter dated, mm/dd/yyyy, and are seeking legal counsel for a response to the letter.

EC

 

[stormy weather]

His letter

Thank you, ellencee - The comments in parenthesis are mine - I think you misread my comment about "no dentist wanting to get involved, etc." He didn't say that, I did. I will continue to try to see an attorney. I've never seen an attorney, (except for 15 minutes for a divorce - it scares me) I also don't want him any madder than he is. Thank you again.