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Given treatment plan by dental assistant not dentist, then refused all care after I wanted to verify with my insurance company.

Petaluma, CA |

Assistants were only concerned with getting me to agree to treatment plan that included $10,000 of procedures. Fiancee went to, was told she was going to get specific treatment for $580 by dental assistant, not dentist, and to come back in two hours. Went back and dental assistants said it cost more and did not perform agreed upon work, only did 3 fillings.
Can We both file torts?

Attorney Answers 3


  1. Sorry no. What you describe is not a tort. At best it could be a breach of contract, however it does not appear an agreement ever occurred. Thus, what you have is a bad experience with a dental office that you will likely never return to.

    You have ways of expressing your disappointment without suing. For instance, you can rate the dentist in on-line places like this. You can rate the dentist on Yelp. You can report the dentist to the BBB. If your concern is keeping this dentist from engaging in such sharp practices on other, these are the ways to address it.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. Dentists and dental practices in California are licensed by the Dental Board of California. DBC is vigilant about investigating consumer complaints and will enforce any violations of professional conduct standards -- dental or business practices -- by revoking the license or imposing onerous conditions on the license.

    Start here: http://www.dbc.ca.gov/consumers/complaint_info.shtml

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. You have a lot of details not included, and it appears you did not enter into an agreement re the treatment plan and you lost nothing. It does not sound as though either of you has a claim. See an attorney if you have more details than you posted--that may change the equation, but I doubt it.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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