Legal Question in Consumer Law in Florida

I just want to know if I even have a valid case, I think I do but...

Anyway I had Dentures made. Extractions & molds on 8/31, wax try-in on 9/10- too big and lop-sided, wax try-in on 9/11 still same problems - new mold taken, on 9/25/09 I received the denture).

But they still did not fit properly. I asked the dentist 4 different times to send them back. Each time he said there would be a fee for that, but each time I refused to pay anything as they were only 5 days old when I first asked to return them. After 2 months of this I told him "I was not going home with the denture and I was not going to pay extra". He made a new denture and 3 weeks later, waited untill I had them in my mouth and they "seemed" to fit, to tell me that "he was only charging me "his cost", $500.00". I said that was unfair to charge me because I had refused to pay extra all along, but I paid so as not to be wrong myself, I don't want anything to go to collections. I asked him the next week for a full refund, or at least show me what "his cost" actually was, he told me "he had no bill, the Lab "told" him that is what a reline should cost" and refused to refund anything. I sent him a 3 page detailed certified letter yesterday asking for a full refund, and in the end I explained that I would go to court if I could not resolve this with him on my own.

My problem is it cost $200.00 to file a small claims case for $500.00.

Do I even have a case against this Doctor or am I just blowing another $200.00 that I can't afford to lose.

Asked on 12/12/09, 6:05 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

I think you would be throwing away $200. You have the dentures, and they fit. You bought them. They are a 'non-returnable' item because they were made specially for you. If the dentist only charged you his outside cost, and not for his services to refit the dentures, you got a good deal.

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Answered on 12/18/09, 3:07 am

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