Q: Can I sue my dentist for billing my cheap insurance instead of my primary insurance that would have covered the service
I had to pay out of pocket when my Denti Cal would have covered it. I found out they never even billed Denti Cal to cover it after saying they did but I was told I was denied. I paid a lot out of pocket that should have been covered
A:
If your dentist billed your cheaper insurance instead of your primary insurance, and you had to pay out of pocket as a result, you may have grounds to sue the dentist for malpractice or negligence. If the dentist was aware of your primary insurance and failed to bill it, or if the dentist misled you about the coverage, this could be considered a breach of the dentist's duty of care and could be grounds for a lawsuit.
To succeed in a malpractice or negligence claim, you would need to demonstrate that the dentist's actions fell below the standard of care that a reasonable dentist would provide, and that this breach caused you harm. This could include the financial harm you suffered as a result of having to pay out of pocket.
It's important to consult with an attorney who specializes in dental malpractice to review the details of your case and determine whether you have a viable claim. Keep in mind that there may be a statute of limitations on malpractice claims, which means that you may have a limited amount of time to file a lawsuit.
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