Sparks, NV asked in Consumer Law and Health Care Law for Nevada

Q: My orthodontist sold her practice and the new dentist inherited my daughter as her patient but refuses to finish the job

The new dentist's assistant saw her a few times. When we asked for the further treatment, the assistant said because the new dentist doesn't use Sure Smile, she cannot further assist. However, the retainer is already included and can be ordered for us if we decide to finish the treatment. Or we could find a new orthodontist who would take her on as a transferred patient with some fee. A visiting dentist on that day took a look her condition and said that more can be done without extracting teeth. So we tried to find orthodontist who would take her as a patient. No one would as a transferred patient, we went back for the retainer. Now the doctor says we have to pay $600 for the retainer. Then, when I objected about the whole situation, the manager told me she would call me back after talking to the doctor and she never did. When I went back, the manager said I had to pay $600. What kind of lawyer do I need? The teeth are starting to disarrange.

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In this situation, you may need to consult with a lawyer who specializes in consumer protection or contract law. This type of lawyer can help you understand your rights as a consumer and determine if the new dentist has breached any contractual obligations or engaged in unfair business practices.

Before seeking legal action, consider taking the following steps:

1. Review the original contract with the previous orthodontist to see if there are any clauses related to transferring the treatment to another dentist or practice.

2. Gather all relevant documentation, including receipts, treatment plans, and correspondence with both the old and new dental practices.

3. Write a formal letter to the new dentist and the practice manager, outlining your concerns and the steps you have taken to resolve the issue. Request a written response within a specific timeframe.

If these steps do not resolve the issue, you may need to seek legal advice. A consumer protection or contract law attorney can review your case and advise you on the best course of action, which may include filing a complaint with your state's dental board or pursuing legal action against the new dentist for breach of contract or failure to provide the agreed-upon services.

In the meantime, to prevent further misalignment of your daughter's teeth, consider seeking a second opinion from another orthodontist who may be willing to take on her case and provide the necessary treatment to complete the process started by the previous orthodontist.

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