Legal Question in Consumer Law in California

My son's orthodontist was replaced without warning to us. He was in Phase 2 treatment and I have paid the bill in full. The new orthodontist insisted that the last orthodontist did everything wrong and is now stating the owner of the practice is demanding that we pay an additional 2300.00 to "do it right" even though he was not finished with his treatment. His teeth are still crooked, and his bite is still not aligned. I think they are charging me twice for the service that I have yet to receive. I fulfilled my end of the contract but they have yet to get his bite aligned or his teeth straight. The new orthodontist insists that she can't "work for free". I insist that I have paid the practice and she took over the contracts when she took over the patients without notice to the parents.


Asked on 6/24/11, 7:30 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Ask the new orthodontist to put what she says in writing, including the fact that the former did the job incorrectly. Once you have that in writing you can exercise couple of options.

Option 1: pay them the extra money and and go after the former doctor for malpractice and use the current as an expert against the first one.

Option 2: Sue the clinic for breach of contract and for specific performance.

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Answered on 6/25/11, 11:31 am


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