Concord, CA asked in Medical Malpractice and Small Claims for New Jersey

Q: Can I file a small claims suit on my dentist for additional treatment done without my knowledge and forced me to pay?

During yearly dentist checkup, I was told that I need root canal treatment for two teeth and deep cleaning, which costs me $1300 after my insurance coverage.

I paid $1300 before treatment. After the treatment, they told me to come after 2 weeks for crown insertion. When I went after 2 weeks, they told me I have $2800 balance due and I have to clear that before they insert crowns.

I was told they also did fillings on multiple teeth, and I crossed annual maximum limit of $3000, so my insurance won't pay the remaining amount. I told them clearly that "I didn't ask for teeth fillings and were done without my knowledge".

I tried to convince them over next 2 weeks during which I was not able to eat properly and has pain in teeth while chewing. So at last I paid $2800 and got the crowns inserted.

Now I want to file a case in small claims court to get that $2800 back. I want to know if I can file such a claim and is there a possibility to win my claim and my money back.

1 Lawyer Answer

A: It's possible. A lot will be "he said she said." Start by getting a new dentist. Don't get into much as to why. Get your records from the old one. Make a copy.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.