Legal Question in Credit and Debt Law in California

Dental Contract

I called different orthodontists offices to find out who was a preferred provider for my DPO plan. I went in for a consultation and again they told me that the orthodontist was a DPO provider and would be at a contracted rate. I signed a financial agreement for $2870 for each of my kids before the braces were put on. This was the first time they had told me how much the braces costed. Now the office manager says that she needs me to sign a new financial agreement. Someone had made an error and billed the claim under the wrong dentist and the orthodontist is not a preferred provider so the cost is higher. I have never heard of any other price but $2870. Is it legal for them to charge me more now since one or more of their office staff made mistakes? I was told by 2 different people that the orthodontist was a DPO provider for my insurance and the only price I was ever given was the amount on the financial agreement that they wrote up. Can they make me sign another contract? Can they stop treatment of my kids if I refuse to sign another?


Asked on 3/07/03, 11:20 am

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Dental Contract

In a word, NO! But they can stop work on your kids and you should get to a designated orthodontist now that you know that the one you are using is not. If you are willing to pay the asking price, they should agree to do the rest of the work, but, they might not. You have a contract with them that you can enforce, however, your damages will be the difference of cost at another dentists office.

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Answered on 3/07/03, 5:31 pm


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