OT Small claims court advice VERDICT PAID!

[pharmseller]

So my wife is being sued in small claims over a dental procedure. She has a counterclaim against the dentist. The skinny is that the dentist told her he would put on all-ceramic crowns on her four upper front teeth. Apparently the lab looked at her xrays and told the dentist that porcelain fused to metal (PFM) would be a better option. Without telling my wife of the change in the treatment plan he went ahead and installed the PFM crowns.
Her teeth look like a bad joke - tinted a light blue with dark around the gumline. The dentist wouldn't return calls (he retired shortly thereafter, not of course as a result of the case) and is now suing her for the balance of the payment ($1400).
She went to another dentist and was shocked to learn about the PFM crowns. The bill to fix the teeth is $4000, which is the amount we have for the counterclaim.
We have her dental chart, which is very poorly documented - no informed consent for the procedure, no chart notes of any change in the treatment plan, no documentation of any discussion concerning PFM crowns.
My wife has a detailed plan to present to support her case. The hearing is Monday. Any other advice?


Quinn

[Andrew]

I don't have any advice but I wish you guys luck.

[jdad]

Immediately file a report, with the state medical/dental board, even though he's retired. There are ethical as well as legal issues.

The judge wants to see documented facts and photos. The more you have the faster you win.

Good luck.

[Pete44ru]

Most judges, especially those sitting in Small Claims Court, are very appreciative of someone who has all their duckies in a row.

Preparation is all.

Have all your written/printed evidence at hand in court, in an easily-understandable, orderly arrangement.

A separate itemization listing of your evidence, as a cover sheet, will allow the judge to separate the wheat from the chaff - and most likely find the "other" side less prepared.

Be prepared (rehearse), as to what will be said to present your case verbally, when given the chance/turn to speak.

Not all decisions are based on the "black & white facts", and "personality", proper speech, tone & inflection can do much to further your cause.

Good Luck

[adirondakjack]

Sunds like yer in good shape except that when you go in to be treated, they usually have ya sign boilerplate release forms that may allow him to weasel out. They may even be forms she signed the very first time in the office, allowing him discretion, etc. That's the only thing that could bite ya.

But if they look like heck, and ya have at least one dentist sayin they got to be re-done, that should help.

[pharmseller]

How does this look for a cover sheet?


I CAN PROVE:

1. Dr. L recommended all-porcelain crowns: Procera brand
a. Exhibit XX, chart notes dated April 19, 2006

2. Dr. L prescribed all-porcelain crowns: Cercon brand
a. Exhibit XX, Glidewell Laboratories order “deliver by June 15, 2006â€

[Pete44ru]

JMO (I'm not an attorney), but there's too much detail, for a cover sheet.

Any "cover" should be only an outline/guide to your side of the legal arguement, and the details presented verbally with the written evidence.

"No wine, before it's time."

I would respectfully suggest something more like this:

ENCLOSED:

1. Dr. L consultation recommendation
a. Exhibit XX, chart notes, April 19, 2006

2. Dr. L Original Rx
a. Exhibit XX, Glidewell Laboratories order, June 15, 2006

3. Dr. L Treatment Prep (irreversible)
a. Exhibit ZZZ, chart notes, June 2, 2006

4. Dr. L changes to Rx w/o consult/consent
a. Exhibit YYY, Glidewell Laboratories Call Note with Case Detail, July 18, 2006

5. Dr. L Performed unauthorized procedure
a. Exhibit ZZZ, chart notes, June 15, 2006

6. Dr. L invoice for original Rx
a. Exhibit AA, Dental Claim Form, 08/01/2006

7. Registered Mail, requesting consultation w/Dr. L, dated Nov. 7, 2006 - No response
a. Exhibit QQ, letter w/proof of delivery, 11/10/2006

8. Second Medical opinion, May 30, 2007
a. Exhibit NN, Smile Institute Patient Notes Master for DH , 5/30/2007

9. 2nd Registered Mail, requesting settlement w/Dr. L, June 21, 2007 - No response
a. Exhibit MM, letter with proof of delivery, 7/03/2007

10. Second Medical opinion followup , May 28, 2008
a. Exhibit PP, Treatment Plan, 5/28/2008

(BTW - I ommited the summons', because there's no need to tell the court what they already know )

[Ysabel Kid]

Seems like a slam dunk Quinn. Keep everything in order, and well documented, and it should be a no-brainer for the judge. Good luck - let us know how it turns out!

[pharmseller]

$1400, $1400, $1400...
Didn't I see this number on the classifieds board?
What could I buy (other than new teeth for the wife) with $1400...


http://www.levergunscommunity.com/viewtopic.php?t=7228

Quinn

[Kismet]

How does this look for a cover sheet?


I CAN PROVE:


Quinn

Quinn,

The suggestion, which was a good one, was to prepare a cover sheet for your list of exhibits. It should just be captioned something like this depending on your Court caption/docket:

(ctr) State of Oregon

[Willamette] District Court .......(don't put these dots, just spread the text to the edges!) ......... Docket No. ______

(ctr) [JACKASS]

(ctr) v.

(ctr) [YOU]

(ctr) _______________

(ctr) [YOU]

(ctr) v.

(ctr) [JACKASS]

(ctr) [You]'s List of Exhibits

A. Letter from DMD to You regarding ___, dated 1.1.01.

B. Medical record (with description), dated 1.1.01

C. Certified Letter from __ to __, dated 1.1.01.

(I put A,B, and C because defendant's exhibits are usually letters, but it doesn't matter. Just make sure everything is clearly marked.)

Then tab your exhibits with properly labeled dividers so the judge can easily flip to them. You don't need to say what you believe you can prove from each exhibit, that should have been alleged in a prior pleading (probably your counterclaim). Even if the other side already has the documents, have a labeled copy for him, too.

As stated earlier, organize your thoughts before you speak (practice out loud if necessary). Stick to the facts and lay out your argument in a logical order. Don't feel like you have to repeat your arguments multiple times. Talking too much is just as ineffective as stating too little. State everything clearly once and sit down.

We lawyers often think we have a lot more influence than we do. The evidence you present (which looks pretty good to me) is what will decide your case.

Check your PMs.

Good luck, Michael in NH

[Pete44ru]

Excellent advice, and clarification of my obsfucation - Thanks, Kismet.

[pharmseller]

How does this look for a cover sheet?


I CAN PROVE:


Quinn

Quinn,

The suggestion, which was a good one, was to prepare a cover sheet for your list of exhibits. It should just be captioned something like this depending on your Court caption/docket:

(ctr) State of Oregon

[Willamette] District Court .......(don't put these dots, just spread the text to the edges!) ......... Docket No. ______

(ctr) [JACKASS]

(ctr) v.

(ctr) [YOU]

(ctr) _______________

(ctr) [YOU]

(ctr) v.

(ctr) [JACKASS]

(ctr) [You]'s List of Exhibits

A. Letter from DMD to You regarding ___, dated 1.1.01.

B. Medical record (with description), dated 1.1.01

C. Certified Letter from __ to __, dated 1.1.01.

(I put A,B, and C because defendant's exhibits are usually letters, but it doesn't matter. Just make sure everything is clearly marked.)

Then tab your exhibits with properly labeled dividers so the judge can easily flip to them. You don't need to say what you believe you can prove from each exhibit, that should have been alleged in a prior pleading (probably your counterclaim). Even if the other side already has the documents, have a labeled copy for him, too.

As stated earlier, organize your thoughts before you speak (practice out loud if necessary). Stick to the facts and lay out your argument in a logical order. Don't feel like you have to repeat your arguments multiple times. Talking too much is just as ineffective as stating too little. State everything clearly once and sit down.

We lawyers often think we have a lot more influence than we do. The evidence you present (which looks pretty good to me) is what will decide your case.

Check your PMs.

Good luck, Michael in NH

Thanks to all. Michael, this is the first go around, there has been no prior pleading. Small claims in Oregon is a whiz-bang affair, from gavel to gavel in a few minutes per case.
This kind of prep is great. I shall comply.
BTW, does (ctr) mean hit enter for a new line?

Quinn

[pharmseller]

Is this better?


IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY
SMALL CLAIMS DEPARTMENT


RL D.D.S. CLAIM AND
v. NOTICE OF CLAIM
DH
Case no. 1
________________


DH
v.
RL D.D.S.


DH List of Exhibits

A. Medical record recommending all porcelain crowns dated April 19, 2006

B. Original all-ceramic crown prescription, Glidewell Laboratories order

C. Medical record, irreversible preparation for all-porcelain crowns dated June 2, 2006

D. Prescription change to porcelain fused to metal (PFM) crowns dated June 15, 2006

E. Medical record, unauthorized procedure, dated June 15, 2006

F. Insurance billed for all-porcelain crowns, Dental Claim Form dated August 1, 2006

G. Certified letter from DH to RL dated October XX, 2006

H. Second medical opinion dated May 30, 2007

I. Certified letter from DH to RL dated June 22, 2007

J. Third medical opinion dated May 28, 2008

K. Notarized letter from RB dated May 28, 2008

L. Letter from RS D.D.S. dated May 29, 2008

M. Notarized letter from EM M.D. dated May 30, 2008

Q

[Kismet]

Is this better?


IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR LANE COUNTY
SMALL CLAIMS DEPARTMENT


RL D.D.S. CLAIM AND
v. NOTICE OF CLAIM
DH
Case no. 1
________________


DH
v.
RL D.D.S.


DH List of Exhibits

A. Medical record recommending all porcelain crowns dated April 19, 2006

B. Original all-ceramic crown prescription, Glidewell Laboratories order, Date?

C. Medical record, irreversible preparation for all-porcelain crowns dated June 2, 2006

D. Prescription change to porcelain fused to metal (PFM) crowns dated June 15, 2006

E. Medical record, unauthorized procedure, dated June 15, 2006

F. Insurance billed for all-porcelain crowns, Dental Claim Form dated August 1, 2006

G. Certified letter from DH to RL dated October XX, 2006

H. Second medical opinion from Dr. ____, dated May 30, 2007

I. Certified letter from DH to RL dated June 22, 2007

J. Third medical opinion from Dr. ___, dated May 28, 2008

K. Notarized letter from RB dated May 28, 2008

L. Letter from RS D.D.S. dated May 29, 2008

M. Notarized letter from EM M.D. dated May 30, 2008

Q

The caption looks fine. I used (ctr) just to note that I would center those portions on the piece of paper. You really can do the caption anyway you like as long as it has the court, the docket number, the parties, and the name of the document. The way I typed it is just the way we usually draft pleadings here.

I have made a couple notations (in bold) above. Also, why do you have notarized letters? Do you mean registered or certified?

Michael in NH[/b]

[pharmseller]

Michael,
Thank you so much!

No date on the lab order
Good idea on the doc followup
Letters from witnesses who cannot appear must be notarized.
This is a monstrous pain in the rear.



Quinn

[Rusty]

When you get to small claims court and since your wife has filed a counter claim don't be surprised if the Doc wants to file a motion to have the case moved to a higher court. That would then require both parties to get an attorney. Something he most likely already has. Also something he's betting you don't have. Not saying he will, just something to be aware of. Sometimes they'll do that thinking that you'll drop your case rather than go to the extra trouble.

[El Chivo]

If he billed the insurance for all-porcelain crowns, and substituted a less expensive type, that's insurance fraud, and your insurance company may want to get into the act.

If he's up for what is technically a crime, he may just decide to make it all go away quickly.

I don't know how you would go about this, but it might be leverage.

Good luck.

[Slick]

I think that you all should talk to an attorney. Many attorneys work for a contingency and providing your case has merit, you should receive a full-recovery + reasonable fees to pay your attorney.

I'd be almost certain that this dentist is consulting an attorney - so you don't want to place yourself in the position of being out-maneuvered by someone with a legal background (and lose your case).

The case simply sounds too complex and the issues of potential wrongdoing on behalf of the dentist could involve malpractice issues. Anyway, try calling around and look for an attorney that will provide a free consultation. Good luck on your case.

[Kismet]

The previous three posts are all good thoughts - only you can decide how to approach the case. Amazingly, despite our litigious culture, plenty of people don't file suit for millions in damages for emotional distress every time things go wrong! Decide what you want out of this process.

In NH the small claims limit is $5k, but if it is over $1500 then it can be removed to a higher court. I'm not sure about Oregon. You can still argue the case yourself, but it is much more complicated. If he does do it, I would consult an attorney and see how you want to proceed.

Generally speaking, you cannot recover attorney's fees in U.S. cases. So in all likelihood, any attorney (even one that works on contingency) is going to take money out of your pocket. If you believe your problems can be fixed for $4000, then small claims court - presenting your case clearly on your own - is really the best place to be. (In fact, a quick check of the Oregon State Bar web site says that you must have special permission from the judge to have an attorney present your case. If he hasn't done that yet, object if he tries to do it at the last moment.) If your wife has ongoing problems then you should consider what it will take to satisfy you. You are only going to have one chance to litigate this.

I imagine you have done your research, but this may help: http://www.osbar.org/public/pamphlets/smallclaims.html

Don't threaten criminal proceedings to gain an advantage in your case. Criminal action may be warranted, especially if he admits to the insurance bit in court, but that should be an independent decision.

Let us know how it goes.

Michael in NH

[pharmseller]

Wow! What a marathon!
Skipping to the good part,
"I find in favor of the defendant (my wife) for the sum of $4000. The defendant's testimony convinced me that had she been presented with her alternatives she would not has chosen metal crowns. Ultimately it is the doctor's responsibility to ensure that the patient is sufficiently informed and aware to make a decision. I am satisfied that in this case she was not provided with sufficient information by a qualified practitioner."
A big thanks to all who assisted.
Kismet and Pete44ru, do you guys shoot a .30-30?

Quinn

[Kismet]

Wow! What a marathon!
Skipping to the good part,
"I find in favor of the defendant (my wife) for the sum of $4000. The defendant's testimony convinced me that had she been presented with her alternatives she would not has chosen metal crowns. Ultimately it is the doctor's responsibility to ensure that the patient is sufficiently informed and aware to make a decision. I am satisfied that in this case she was not provided with sufficient information by a qualified practitioner."
A big thanks to all who assisted.
Kismet and Pete44ru, do you guys shoot a .30-30?

Quinn

Congratulations - I'm very glad to hear your success story. That really is the way it is supposed to work. I assume he can pay? What I neglected to mention at the outset was that there are two parts to all litigation - winning and collecting!! A lawyer will only take a case if he can do both!

As for the shooting, I wish I had a .30-30 because it would make a good woods deer rifle and be a great plinker. I jumped straight to the BLR .308 in case I draw a moose tag!

Michael in NH

[Griff]

Congrats Quinn. That's great news.

[TedH]

Woo-Hoo! Congratulations! Glad to see all your hard work was rewarded.

[Ysabel Kid]

Wow! What a marathon!
Skipping to the good part,
"I find in favor of the defendant (my wife) for the sum of $4000. The defendant's testimony convinced me that had she been presented with her alternatives she would not has chosen metal crowns. Ultimately it is the doctor's responsibility to ensure that the patient is sufficiently informed and aware to make a decision. I am satisfied that in this case she was not provided with sufficient information by a qualified practitioner."
A big thanks to all who assisted.
Kismet and Pete44ru, do you guys shoot a .30-30?

Quinn

Congrats Quinn! Did the dentist have to pay up right there on the spot?

[Jaguarundi]

Congrats pharmseller !I didn't have any doubts !

[Pete44ru]

CONGRATS, Quinn !

I'm glad your wife got a taste of justice, but now comes the hard part -
actually collecting from the loser.

If he doesn't pony up, you might want to contact an attorney, pay for an advice consultation, and find out how to attach and/or put a lein on his property for the settlement.

Good Luck on the rest !

[kimwcook]

Rightful verdict. Good job.

[jdad]

Congratulations Quinn!

[Andrew]

Awsome! Congrats!

[pharmseller]

Thanks for the well wishes!
This guy retired about a year and a half ago. After the verdict he told Dana that he didn't have his checkbook on him, but to expect a check in the mail. (Funny, I brought my checkbook, just in case.)
I am no stranger to the lien process. I kinda hope he does try to welch, because I'd be looking at 9% simple interest. Tough to beat in today's market.
I'll keep everyone posted.

Quinn

[mescalero1]

Way to hang in there

[Ysabel Kid]

Thanks for the well wishes!
This guy retired about a year and a half ago. After the verdict he told Dana that he didn't have his checkbook on him, but to expect a check in the mail. (Funny, I brought my checkbook, just in case.)
I am no stranger to the lien process. I kinda hope he does try to welch, because I'd be looking at 9% simple interest. Tough to beat in today's market.
I'll keep everyone posted.

Quinn

I'd imagine defaulting on a civil case like this would also entail some other legal penality!

[pharmseller]

Got the check yesterday. Let's hope it clears!

Quinn

[TedH]

Got the check yesterday. Let's hope it clears!

Quinn

Better go cash that sucker.

[Andrew]

Awesome!

[Griff]

Got the check yesterday. Let's hope it clears!
Quinn

Even better news!

[Kismet]

Good to hear. Now, given that I'm sure you told your wife that she looked great (the proper answer to nearly any question posed by the wife ), what's your new gun?

Michael

[Pisgah]

Always nice to win a judgement. Now comes the hard part -- collecting the money...

[Ysabel Kid]

Excellent news Quinn!!!

[Charles]

More often than not, the courts end up doing the right thing..far more often than not. Of course the Dentist will have his tale of woe and will tell all of his friends how he has been bent over by an unjust and unreasonable court system. Folks who lose, never, never say..."Well, I had that coming!". The vast majority of these crazy court stories come from looser, their friends, and the gossip circle where everything gets distorted.

The famous case where a woman spilled hot coffee on herself and got a large judgment is one in point. Folks still point to that case as how our court system is abused. What folks don't tell you was that the McDonalds intentionaly heated the coffee much hotter than spec. in order to cut down on the number of folks going back for refills. Folks also don't hear that the woman had to have $100,000.00 worth of reconstructive surgury to her private parts. In light of this information the large judgment was not out of line. Most of the crazy law suit stories don't seem so crazy when all of the facts are laid out. It is just more fun to edit out justifying facts and bash the courts and juries.

Anyway... this is a long way around to say, I am glad things came out the right way in your case.

[pharmseller]

Deposited the check today. Hooray for us!

Q

[crawdaddyjim]

Wonderful! Now don't you go listening to these guys telling you to buy a gun with that money. I know that will be seen as treasonous but you don't know how ugly it will get if you don't spend that on her.