San Leandro Braces

Dear Dr. ***,

On December 10th, we agreed to several things, but it was still an open conversation. Our witness can testify that your office assumed responsibility for breaking professional trust and integrity and agreed to rectify this. Our agreed course of action was contingent upon the understanding that our meeting would serve as the start of a continuing conversation to work together to reach mutual agreement that I had been sufficiently compensated for the hassle I incurred due to your office not following through with several verbal agreements.

In addition, our preliminary agreement included
1. Charges for missed appts
2. No retainer for ***
3. Better oral hygiene
4. Dr consult me before service
5. I bring the kids to appts
6. You offered $1400 compensation

Concluding the meeting on 12/10 relied on the fact that you promised to keep the conversation open to collaboratively remedy the issue of failed professional trust and ensuing financial hardship, time allotted to an issue that should have been prevented, and undue stress. Acknowledged by all parties, in fact, the issue began when ***e, the receptionist, promised me a revised treatment plan on 1/11 and 1/22, but never provided one until the father had entered contract on 2/18 at which point I was only provided a copy of the contracts he signed (the party you documented as responsible).

After this two hour conversation on December 10th, 2019, I felt hopeful some trust was restored despite the fact that most of the meeting you were towering over me as I was sitting and it was a struggle for me to feel listened to or even respected. Then, continuing the conversation as we agreed upon, I emailed on 12/19/2019. To my surprise, *** emailed me back about the retainer which had already been decided. However, this further reinforced that the conversation was open.

Continuing the discussion, I had asked that the $1400 be applied to my accounts and not the dad's. After all, I incurred the hassle caused by lack of follow through. Again, although promised revised treatment plans to consider prior to entering contract, I was only provided the contracts already signed. My right to willingly enter a contract was essentially denied. Perhaps this was more an inssue of integrity, but I allowed for this oversight, trusting in your services and did agree to support my children's braces by both calling in the deposit and making a verbal agreement for billing with ***. Although dad would be bringing them to appointments, *** proposed and I agreed for her to hold my credit card, provide monthly invoices, and charge $200 to be deducted monthly from Feb-Dec of 2019 and then $100 until October 2020. (I authorized half of the payments for the period on the treatment plan).

I never received an invoice and only a couple receipts. No messages or letters. I called to follow up on December 6th believing ***'s account was paid in full and ***e claimed to have no record of any payment of mine (even despite sending me a few receipts). Thus, I requested ledgers of the money I did pay and how it was applied. She promised by the close of business. When it was not provided as promised more than 3 business days after, and she stated I needed to stop talking to her because "I was only making her feel bad", we called a meeting.

At that point, she sent the leaving statements to me at 3:45 PM without any line entries and inaccurate accounting. The meeting was contentious. However, during the meeting consensus was achieved that professional trust was broken in not supplying me with the right to knowledgeably enter contract. Despite the fact that you claimed this to be standard operating procedure, you agreed that you had broken my trust by not providing the revised treatment plans upon which my right to enter contract could be willingly exercised. Then, you agreed that my trust was broken again when I let that pass and entered a verbal agreement with ***e by authorizing her to charge my card according to the contract that only my ex-husband signed. You offered $1400 and I accepted. I wanted to iron out those details as well, but you assured me that we would continue talking about the disbursement.

Therefore, it shocked me to receive your refusal to disburse the $1400 to me. I had trusted in the integrity of the new agreement that it was an open conversation to remedy the situation. Further, ***e replied continuing to discuss preliminary agreements (the retainer), but you refused to apply the $1400 discount to my accounts saying that you were only willing to dismiss ***'s account in that amount and how that was settled was a private matter between the responsible parties *** and myself! I have to wonder if that is more beneficial for you as a tax write off or the accounting was never kept separate for the father and I, so the $1400 application to one patient account was easier than between the two parties you call responsible for both patients when really I was denied the opportunity to enter contract with you.

Dismayed, I tried to follow your lead. Considering that *** is the responsible party you contracted with, going to be gifted money for a written contract you denied me and then a verbal agreement you voided with me, and we had agreed on not missing appointments, it only seemed right that he follow through with the appointment he had set in January. Therefore, I notified you that he would be bringing the kids January 3rd. There was no response.

Now, I have received your letter dated January 24th were you assert that I voided the agreement by not bringing the kids to the appt therefore you will not honor the $1400 you promised, nor will you continue to treat the children.

This is an egregious assertion as I only acted in accordance with our agreement and continually gave you my professional trust. Perhaps I was naive