Can a dentist charge me for crown that was made but not put into my mouth?
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Can a dentist charge me for crown that was made but not put into my mouth?
My new dentist told me I needed 2 root canals. I paid for the prep fees and the dentist ordered 2 crowns. I went to another dentist for a second opinion and the other dentist told me that I did not need 1 of the root canals or the crown. I went back to the first dentist and told him that I was not going to get the 2crowns that they originally ordered. They told me that they were going to bill me for the full amount of because they were made, even though they were not going to be in my mouth. Can I get charged by a dentist for a product that I never received?
Asked on March 8, 2012 under Malpractice Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you had authorized or told the dentist to go ahead and have the crown created, then the dentist may charge you for it, even if you later elected to not go through with the procedure. You could be held liable under both contractual (e.g. that there was an agreement between you and the dentist, for him to order/make the crown) and quasi-contractual (e.g. "promissory estoppel"--in reasonable reliance on your representation that you wanted the crown, the dentist expended its own money to acquire one) theories. Only if the dentist had gone ahead to order the crown without checking with you, getting your approval or authorization, etc. would you likely not have to pay for it.
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