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Dreaded Dentist

Discussion in 'The Lounge' started by darlene1029, Sep 26, 2008.

  1. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    I have paper work sitting around to take a dentist to small claims court.
    This woman received money for a certain thing she did not deliver. Even members of her staff were dumbfounded how she was ignoring me, It wasn't that I was demanding or difficult in the least, I get in that chair and become froze, (bad previous experiences).

    She went from talking to me like a waitress does to seiners at Denney's to total not available That was right after I released the payment.

    I left there and contacted everyone involved to get my money back. They take weeks some months to get back to you so between that and my health it was coming up on a year so I thought I better go back and try something.

    Oh, by the way Laura this also blew away my daughter, I went to another dentist for a second opinion and when he found out who it was I was having trouble with he said he would be more then happy to testify in my behalf. Wow, huh?
    He said first for me to contact the local dental something board for like an arbitration, and to send her a letter I was doing this.
    She wrote back basicly saying go ahead even giving mr the name and all the who to contact.
    Found out why she was so accommodating. They sent me a letter back saying I waited too long that I had 3 years to file.
    I wrote back saying my last appointment was Nov of 07.
    Again they insisted I had let 3 years pass from the time I first was displeased.
    I wrote back saying if they are going to be so insistent on the 3 year limit it will not be up until Oct of this year (2008)
    Lastly they sent a letter changing it to one year, I did not even respond.
    I did contact the state board, they're suggestion try to work it out with her or go to court because it takes them so long to get around to investigate.
    I hate this, hate fighting, had enough through my life. I was telling Dan this morning I HAVE to get those papers to the court before I miss some sort of deadline.
    I then told him they won't know what the hell I'm saying, knowing I'm going to cry, not unless they have a dog translator. :cry
  2. LauraR

    LauraR MajorGeeks Super-Duper Administrator Staff Member

    I Am shocked the other dentist said they would help. I had a girlfriend who's daughter had had an orthopedic surgeon totally f up her teenage daughter's knee....removed the whole damn miniscus. She ended up at another doctor's office who preceded to talk about all the patients he had to fix because of this doctor!!! Wtf? So why didn't he report the guy?

    I am sad to hear of your experiences, darlene. Stuff like that totally sucks. I'm lucky to not have had anything like that happen to me directly, but it sickens me to hear of others going through it. Go through with it. Otherwise, you will always regret that you didn't.
  3. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    Oh I intend to, it's just going to be so hard.

    PS If that doctor is sued then others can be subpoenaed, for a medical person to be mute when they know others will suffer isn't much either.
    Last edited: Sep 26, 2008
  4. Wow. That's very idiotic, claiming "3 years" and then changing it to "1 year."

    I bet it's because they are so financially "tight," damn economy >_<

    They probably already spent it as well. Maybe they'll go bankrupt too, and then, just maybe, we can finally realize that most of the stuff we want to happen wont happen. But, we'll try anyway. Persistence eventually becomes annoying. I think you'll win if you just stick through it all the way, but you have a lot against you...
  5. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    She is on that board as well, probably friends.
  6. legalsuit

    legalsuit MajorGeek

    In case you're not familiar with all these procedures, FYI:

    Firstly, going to "arbitration" is a form of mediation (alternative dispute resolution), which is aimed at resolving issues outside court. Mediation is attended by a neutral third party, the "arbitrator", and both disputing parties, upon reaching a decision, the agreement becomes binding. This is what the dental board appears to be offering you. It is another form of legal procedures, and avoids costly court/lawyer expenses.

    If arbitration fails, then the next move is court. So try going to arbitration first - the fact that you would have tried arbitration first is looked on favourably by the courts, if you end up there.

    Secondly, the Statute of Limitations applies to legal proceedings, which means actions to be taken before a specified period of time lapses. The "3 years" appears to be the Statute limit. If a person does not action within such a limitation, then their claim fails.

    So you are correct in wanting to action before the limitation period is exceeded. As for moving the period to "1 year", not knowing the full facts, perhaps the 1 year is a different period to the Statute one.

    Thirdly, have you considered speaking to a magistrate/court officer (lawyer) at your local court for clarification. This type of advice should be freely given, so use it to understand and clarify anything you are having trouble grasping. Also become clear what your Dentistry Board is offering.

    Lastly, your Dept of Health and Human Services may also be able to provide some assistance, particularly taking into consideration the fact that you are an American with a disability.

    Good luck.
  7. darlene1029

    darlene1029 A Grand Lady- R.I.P. 06/06/2012

    The dentist who suggested the local county dental society was the one who said he would testify for me, it was the county agency who was playing games with the dates.
    When I contacted the state dental society, they told me it would be a long while before they could look into it.
    I went to a local free legal assistance, where they told me I could file bankruptcy or take her to small claims court but to do that they thought it better to let her finish her work, being I walked out upon finding they didn't even offer what I was there for.

    It sounds like you have a much better system there LS then what we have here. I don't hold much hope from what I have seen of the courts here but I'm going to try. I have been paying on that account now for two years with nothing to show for it.

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