Legal Question in Consumer Law in Florida

I was to have partials made, they gave me a contract with the price, I paid 1/2 the balance to be paid when I received the partials. I assume my insurance company has already paid their portion. After several appointments for impressions the preliminary partials did not fit so they said they were starting over and now 3 more appointments for impressions. I come in today and my dentist is gone and the new dentist says he will not complete my partials unless I put a special crown with a metal band on it for a total of $570.00. I refuse and I'm told they might refund the 1/2 I've paid minus lab fees. Is this a breach of contract? Illegal? Can I take it to small claims?


Asked on 10/28/09, 5:55 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I do not see your damages here. If fitting you for the partials requires a special crown in this dentist's opinion, then either you accept that it is required or you go get a second opinion. If you choose not to get the special crown or the partials, they are offering to refund your money minus the money they are out of pocket for lab fees. They are offering to let you out of the contract and offering to give you your money back. I am suprised they aren't charging you for the office visits and fittings separately if you choose not to purchase the partials.

What damages would you sue for? Your time to go for office visits and fittings? For services you requested and then decided not to purchase? I think the dentist would counterclaim against you for the office visits and fittings.

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Answered on 11/02/09, 6:57 pm


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