Legal Question in Credit and Debt Law in Virginia

Illegal Dental Billing

We paid off our daughters braces in 2005 but the accounting office for the orthodontist put the payment on the wrong account (our sons account which is totally seperate). I brought this to their attention immediately and I was told they would ''take care of the error'' Due to my children having different fathers I needed my daughters account to accurately reflect the balance paid so we could turn the paid amount in for flex spending. We have a copy of the check from the bank showing it is paid and what the payment was for. They never took care of the mess even after they said they would and we lost $3,648.00 because we could not turn it in to flex spending. Finally, they took me to court. The judge told them to fix the account because it said right on the check what the check was for. Now I have to go back to court because I got a bill in the mail for attorney's fees and late charges. That is not fair. Why should I have to pay over $1,000 when it was their mistake and their mistake cost me $3,648.00. Also, what law can I sue them under for maintaining fraudulent records?


Asked on 7/24/07, 1:52 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Illegal Dental Billing

So, why aren't you contesting the award of attorney's fees and late charges? And, no, your possible cause of action against these "not so embraceable ones" would be most likely based upon some form of negligence in their record keeping which became the proximate cause of your alleged loss/damages of some $3648.00 rather than fraud.

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Answered on 7/24/07, 3:25 pm


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