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How do I request a refund from a dentist?

East Brunswick, NJ |

I had a dental crown done a year ago and last week I went for check up to another dentist who discovered a decay under that crown and said that I have to get it removed to clean a decay and to get a new crown instead. I would like to get a refund from a dentist who did the first crown but I don't know how to do it. I contacted several attorneys about this issue and they were not interested in my case for economic reasons. What else can be done in this case?

I didn't ask for a refund directly yet because I am not interested if the first dentist offers to fix the problem even for free because I don't trust him anymore.

Attorney Answers 4

Posted

Have you considered just asking for a refund directly by referencing the other dentist's findings? You can always file a grievance or file for dental malpractice if the dentist refuses to handle the complaint professionally.

Sent from an iPhone of the Law Offices of Steven E. Savage

Any answers given here do not indicate the existence of an attorney-client relationship between you and me, or between you and my firm. In order for such a relationship to develop, I must be admitted to practice in your jurisdiction, you and I must countersign a retainer agreement, you must pay my fee, and we must speak in confidence. If all of these conditions are not met, I am essentially answering a hypothetical for the purposes of discourse.

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5 comments

Asker

Posted

I haven't ask for a refund yet because if the the dentist who did the crown is willing to fix the problem even for free I don't trust him anymore.

Steven Everett Savage

Steven Everett Savage

Posted

You should be entitled to having an appropriate remediation done by a dentist you trust and he should have to pay the difference between what you paid him and what you have to pay the second dentist. That is the practical equivalent to a refund. Sent from an iPhone of the Law Offices of Steven E. Savage

Asker

Posted

So what should I do first now?

Asker

Posted

And what if the first dentist refuses to pay the refund?

Steven Everett Savage

Steven Everett Savage

Posted

If you can afford it, get the remedial repair done first. Then present the first dentist with the bill for the second dentist's work. Do everything in writing. Be willing to threaten a grievance and/or a malpractice suit if he refuses to fully cover the costs of the remediation. Then follow through with your threats if necessary. And document everything. Sent from an iPhone of the Law Offices of Steven E. Savage

Posted

Just because you got decay under your crown doesn't mean the crown was not done properly, as you may have gotten cervical caries at the margin which spread, and you can ask the dentist who replaced the crown if that was the case. However, you can ask your dentist for a refund if you like.

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Posted

I agree with Mr. Savage. Send a certified letter to the dentist and explain in basic terms why you want a refund and how much you think is fair. This step would be a precursor to a lawsuit anyway, and you may find the dentist agrees to your request or is at least willing to negotiate a "settlement" with you. Good luck!

IMPORTANT LEGAL NOTICE: Ms. Brown’s response to the question above is not legal advice and it does not create an attorney-client relationship. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual. If you would like to obtain specific legal advice about this issue, please contact an attorney in your state. Ms. Brown is licensed to practice law in New York. If you would like to contact her directly for a legal consultation, you may do so by calling 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com

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Posted

It is best to make the request in writing and give a specific amount that you think is fair. If the dentist is willing to give a refund, be prepared that he might offer less than the amount you first requested.

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