Legal Question in Legal Malpractice in Maryland

On January 16, 2012, I went to see Dr. Blank to continue dental work that Dr.X had started, but was unable to complete because he relocated.

On January 16, 2012, Dr. Blank charged my care credit card $4386.00 prior to any work being performed and stated it was standard procedure, and because they had to order an abutment for a dental implant that needed to be activated. The following week Dr. Blank performed three extractions and removed gum that was covering the fifth implant that needed to be activated (Dr. X had taken care of all prior work). The plan of treatment was to create an over denture to cover my existing teeth which would attach to the implants. I wanted this because it is more cost effective until my twins are older; I am done with graduate school and then eventually go to bridgework and all crowns. Dr. X completed restoration of bottom teeth.

Dr. Blank took impressions of my mouth to prepared a wax model of the over denture. At the visit, he said that the lab could not create a wax over denture because the three healthy teeth that Dr. X had put gold copings on to protect them were in the way. Here removed and sanded down all the gold copings, and suggested I have 4 crowns (one would be a floater in the front and create an over denture to do around the crowns). In addition, I could review the model that week and brought me a paper to sign while in the chair. At that time Dr. Blank stated I should pay the lab $600.00 for a temporary appliance to see how it would look, function and feel because he would hate for me to go right to the final product, activate the implant and have me be unhappy. On February 6, 2012, I paid his office for four crowns and 600.00 for a temporary over denture totaling $3516.00.

I went in the following day to see and try the wax model of the 4 crowns and over denture. And it was terrible, --it looked like baby teeth, --my teeth were not even visible when I smiled.

The following day I went to work with the lab technician to create the appliance and crowns to be sure they fit. At that time, it was determined that we could not do the 4 crowns with the over denture appliance and have it fit and look right. At that time, I asked for a refund on the crowns, and receptionists said she would have to wait until Dr. Blank told her to issue it.

February 13, 2012, I went to Dr. Blank to have the temporary appliance that I paid the lab $600.00 for placed in my mouth. At that time Dr. Blank stated that the lab said that they could not create an over denture with the existing teeth and it would more than likely break within a week. Dr. Blank advised me to have another three teeth removed and implants placed immediately (these are healthy teeth that Dr. X had covered and protected with the gold copings and Dr. Blank removed earlier). Dr. Blank stated that if I didn�t have implants placed after he extracted the three teeth, it would could result in bone loss �which then he would have to do a bone graft involving removing bone from my chin and knee to be placed in mouth to support implants. He further added he could not even be sure there was enough bone anyways, and he still may have to do a bone graft. Dr. Blank further shaved down crowns and veneers that were completed on the bottom of my mouth because he said it was affecting my bite. I made an appointment for Wednesday, 2/15/2012. I was in tears when I left the office. I again asked the receptionist for the refund and she stated that Dr. Blank said when all his work was completed he would credit me back the difference or charge me if I owed money.

When I got home things just started to seem strange. I was very upset; it made no logical sense for me to have healthy teeth removed. Every dentist I have seen since the original accident in 8th grade and after the second accident, a few years ago�.always took every measure everything measure to preserve healthy teeth. Not to mention, the entire purpose of an over denture was to preserve teeth. Dr. X had successfully made an over denture while protecting and preserving the natural teeth�and prior to that Dr. XX who did 3 sinus lifts, bone grafts and placed the 5 implants had made a temporary cemented bridge to cover existing teeth while implants healed, and I never had any problems.

Later that evening I called Dr. Blank and explained that I did not want to have three healthy teeth removed and that I wanted the money for the crowns refunded. He said he would do it later.

That is when I had enough. In less than a month, Dr. Blank had charged my care credit over $9000.00 for work not provided. On February 14, 2012, I contacted United Healthcare and Care Credit because claims were submitted and my care credit card billed for services that had not been performed.

At lunchtime on 2/14/2012, receptionist from Dr. Blank�s office called me about the appointment Wednesday for the extractions. I told her I would no longer be continuing my dental work at his office and wanted refunded for all work that was not completed. I said my husband would be over to pick up my records and receipts for all that they had charged me. Later that day I received two messages that she had spoken Dr. Blank and he would refund me for the crowns. My husband went over to Dr. Blank�s office. The receptionist refused to give my husband anything, even a list of charges and he is the primary insurance holder (he could have at least had the bills and receipts). She gave him a consent form for me to fill out but would not issue credit my care credit account.

On Thursday 2/16/2012, the receptionist called me in the morning. I returned her call. She stated that Dr. Blank would refund the crown money only if I agreed to sign a paper stating that I would consider the $600.00 temporary, the final product--, and Dr. Blank would keep the $3250.00 (the final product charge). I explained to her that I will not sign this paper because it is not the final product and asked am I going to have to get an attorney? Later that afternoon, my husband again went with my signed consent form for my records, the care credit card, and again they refused to give me my records or refund any money. On my behalf, a member from the MADA contacted Dr. Blanks� office and advised them that they cannot hold my records ransom. And they still refused. At this time, I do not have my records or a list of charges from his office. I am going by United Healthcare claims that were submitted and my Care Credit Statements.

Again, I spoke to receptionist and she said Dr. Blank agreed the only way he would refund all of the money was if I return the temporary appliance that was in my mouth. I explained to her that I will have nothing in my mouth but three sawed down teeth that were no longer protected, four activated implants, and one uncovered implant not yet activated or protected. How could you ask me to do that? She then said that Dr. Blank advised her that she is no longer allowed to speak with me, and she had to follow his orders, he signs her paychecks. I got off the phone and just broke down in tears.

I contacted a member of the local Dental Review Board. It was suggested I try one more time to speak with Dr. Blank directly rather than his receptionists. Later that evening in an attempt to straighten this matter out, I called Dr. Blanks� office; Dr. Blank answered and hung up on me.

On Friday, February 17, 2012, I made a final attempt to speak with Dr. Blank and called his other office. I spoke with his receptionist and asked her to have him call me. He never called.

So my credit has been exhausted. I am in a temporary appliance. I have to go to another dentist to continue this work, but I need my money back in order to start over.

In addition, during all of this, I find out that Dr. Blank was sentenced by Attorney General to a 3-year jail sentence and the judge gave him probation and community service 8 years ago for Medicaid Fraud, ordered to pay money and fines.

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