How do I take my dentist office to small claims court for bait and switch,faulty work, and charging more than my contract says?

Asked almost 3 years ago - San Jose, CA

I do not know dentistry terms I expressed white fillings was told white fillings were in my contract,They weren't. then when I brought it up they drew up a new contract but where now charging me for both silver and white fillings(extra $690). The Dr confirmed to manager that I wanted white and that she told me it was in there.he fixed it in writing but just found out I am still being over charged.faulty work a little over $100 filling was done wrong and now need $2400 root canal(other root canal cost $576) told Dr of pain and possible infection and I had to stop (literally take the suction out and say stop)him from just putting another filling in. he was just going to fill an infected tooth that needed a root canal.what do I need to do to prep for small claims court?

Attorney answers (4)

  1. John Noah Kitta

    Contributor Level 19


    Lawyers agree


    Answered . It may be some of a Herculean task to take your dentist to Small Claims Court and you would be limited in damages, and if that is all you can afford to do, then that is all you can do. To prevail, in all probability, you would have to get a letter signed under penalty of perjury under the laws of the State of California of another dentist who would verify your belief in regard to the present dentist not fulfilling his obligation and you being overcharged.

    Another possibility is you could file a Complaint with the District Attorney's Consumer Fraud Division and see if you can get them interested in taking some action. This would be an expensive case to retain the services of legal counsel and we would also have to hire a qualified dentist as an expert witness to put on the case. It would be very expensive.

    I hope this is helpful.

    John N. Kitta
    (510) 797-7990

  2. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyers agree

    Answered . I agree with Attorney Myers. Don't file this case in small claims court.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more
  3. Andrew Daniel Myers

    Contributor Level 20


    Lawyers agree

    Answered . No. You don't take this to small claims court. By filing in small claims court you are making the announcement that "I have a small case". Small claims court is a valid and productive forum for many types of claims, for example disputes over home repair jobs, collection by businesses of smaller unpaid accounts, and disputes between private individuals.

    Your issues require sorting through the facts to separate contract claims from medical malpractice claims and from a brief summary internet posting it is impossiblre to determine.

  4. Peter Joseph Lamont


    Contributor Level 18


    Lawyers agree

    Answered . I would consider talking to a consumer fraud or medical malpractice attorney in yoru area. Depending upon the specific facts and the consumer protection laws in California, you may have a consumer fraud claim against the dentist. Consumer protection statutes (dependign upon your state) can provide 2 or 3 times the amount of actual damages along with payment of your attorney fees. By speaking to an attorney you might have an opportunity to recover a larger sum. Of course, this assumes that you will be able to prove liabiltiy. Good luck.

    Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (... more

Related Topics

Business contracts

A contract is an agreement voluntarily entered into by two or more parties that is intended to create legal obligations between them.

Medical malpractice

Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.

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