Legal Question in Consumer Law in New Jersey

Unfair Billing by Doctor(Dentist)

My 2yr old daughter was told she has a cavity on each of her back molars, was told by receptionist that my insurance would cover it 100% (horizon bluecross/blueshield)exept for the nitrate gas which we paid for at time of service. we then recvd a bill in the mail for the balance of what our insurance comp. did not pay for..the kind of fillings she was given was $155 per tooth and ins only pd $62 each tooth..so we are now responsible for the diffence..there is another kind of filling that could have been used and cov'd 100% but was not told of that by the office..but they do not use that type of fillng, but still was not given the opportuity to make the decsion and go the another dr. that does..she is only 2yrs old and these molars will eventually be replaced by new molars. they admitted in writing they were wrong,but are still billing us with a interest..do we have any recouse or a court that we can go to to stop this billing of the differnce.we do not want to wind up in collections..


Asked on 1/11/06, 11:19 am

2 Answers from Attorneys
Richard West The Law Office of Richard A. West, LLC

Re: Unfair Billing by Doctor(Dentist)

You may also want to contact the Board of Dentistry, some of the professional licensing boards have mediation programs where the dispute is mediated. As with the previous response it is more equitable and you will probably end up paying something but this may be better than the alternative. To find the board, go to www.nj.gov and follow the links to get to the Division of Consumer Affairs-then licensing boards. Good luck.

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Answered on 1/11/06, 1:11 pm
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Unfair Billing by Doctor(Dentist)

I would suggest that the most intelligent way to apporach this is not legal but equitable. Contact the dentist and see if he will negotiate. Agree to pay half of the balance. Whether you are right or wrong is not important. It is costly to both sides to oppose or collect. Hoepfully inteligence will prevail. Good luck.

Note that legal advise usually ranges from a very low $100 an hour to $500 an hour. Either way, it is not worth litigating. Fighting the bill in small claims court is an option, but will take time and you may have to answer for cots to the other party. Financially probably not worth it. Compromise is warranted. Best wishes.

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Answered on 1/11/06, 11:28 am


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