ComplaintsforPagosa Dental Implant Center

• Initial Complaint

  11/15/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  In July I went to pagosa Dental Implant Center, Dr. ******* ********, to see if i was a candidate for full dental implants, i was .. I was informed that 5,000.00$ would get things started and full payment was required 1 week before the surgery, full payment of 32,000.00 cash was made July 13th and procedure was scheduled August 4th 2023, ( I have all copies upon request) .. the surgery had to be rescheduled twice, once signed off by my primary doctor here in Farmington,n.m., the surgery was scheduled for october 19th and 20th 2023 .. days before the surgery, Dr. ******** called me and told me that he needed an Additional 6,000.00$ in cash for an anesesiologist or he would not do the surgery, this was not in original agreement .. we went forward and had hotel reservation for arrival the 18th and surgery the 19th and 20th, unfortunately the night of the 17th my mother was rushed via ambulance to emergency, i called the office the morning of the 18th and told ********(his assistant) that we would have to cancel and i would call back when i knew how this was going to go .. I called the morning of the 23rd and explained that i could not reschedule surgery at this time and i would like them to return my money i will need it to assist my mother right now, she told me that she would explain this to Dr. ********, who shortly after called me on his personal cel. very angry and panicky and told me no money will be returned, I told him we would gladly pay him for the 3 teeth cleanings his hygienist's did but need him to return the rest, he said no and basically hung up on me, my husband heard the conversation , since than my brother has tried to contact ********, but he won't talk with anyone or return calls, he and his office have been provided with HIPPA release forms from me, so that this can be resolved .. yet they refuse to give my money back when they did not provide ANY services other than 3 teeth cleanings and wanted 6,000.00K more that was never discussed

  Business response

  12/11/2023

  ******* ** ******** ****** *** ******** ***** ****** ******** ******** *****
  
  December 11, 2023
  
  Better Business Bureau
  **** ********* ** ** **** * ************ ** ********** ****** ******** ****** *** ********* *********
  Dear Sir/Madam:
  This letter is in response to a complaint that was filed against me by patient ***** ******.
  On 07/11/2023, ***** ****** accepted a treatment plan for upper and lower implant supported prosthetic teeth. She signed a financial agreement that outlined the costs for this procedure totaling $32,000. On 07/13/2023, ***** ****** returned to our office and gave us a check for $5,000 and another for $27,000. At this time, she signed a funds on account agreement that stated this money she was giving us was nonrefundable and that this sum was to be only used for dental work in the future. We have the original signed documents on file.
  These funds are nonrefundable because the procedure requires us to shut our office down for two days to the exclusion of everyone else to treat our patients who are receiving this care. There were other professionals who were scheduled at this time to be present for those two days to assist in the delivery of this procedure as well, including an anesthesiologist.  The money given to us is soon invested in fabrication processes, materials and supplies to prepare for this procedure. This is a complex and detailed process to deliver this care that takes a lot of time, preparation and coordination of care givers schedules to accomplish. All this was explained thoroughly to ***** as it is to all our patients.  We explicitly let her know that once she gives us this financial investment that we are immediately moving forward.
  ******* surgery was scheduled but cancelled because her blood pressure was too high to safely proceed. A second surgery was scheduled and cancelled because her blood pressure was still too high to move forward. A third surgery was scheduled and cancelled by ***** herself at the last minute because she said her mother had to go to the hospital and she had to take care of her. She told my office manager that she still wanted to do the surgery but didn’t know when she could reschedule and would have to get back with us. She also requested that all her money be refunded. My office manager told her that she would have to speak with me about this first.
  I called ***** the following week and expressed that I was very sorry about her mother, and I understood she needed to take care of her for a while. I explained that she could take whatever time she needed to reschedule her procedure even if it were months away. ***** was not accepting of that and was adamant about wanting all her money back except the three cleanings she had done prior. I explained that this was not possible because there were considerable expenses that were already incurred up to this point to prepare for her surgery. I told her I would have to itemize everything to get an exact amount. I concluded by saying that the best thing for everyone was to postpone the surgery until she was ready. Contrary to what ***** reported I did not act like I was in a panic, nor was I in any way be disrespectful towards her. I did not have a lot of time to speak with her at that time because I had a surgery patient in the office who needed my attention.
  ***** called the office back and wanted me to speak with her brother about her situation and she was told that I could not do so until I received a letter of authorization to speak with her brother due to HIPPA compliance laws. After I received this authorization, I spoke with her brother on 11/24/2023. I explained all the expenses and the fact that we have lost six days of treatment with the rest of our patients that cannot be replaced due to her cancellations. I offered to give his sister back half of her money and the other half went to all the money we spent on her case up to this point. He mentioned he did not want this to get “ugly”, which sounded threatening to me, and get attorneys involved etc.  I agreed that I did not want that either and felt like this was a fair offer. He said he would present this to her but was not confident that she would accept it. He said he would get back to me. I have not heard from him to this date.
  On 12/07/2023 I received a phone call from Mr. ******, ******* husband. He left a phone message saying he would like to talk and try to resolve this matter. On Friday the 8th, he left a text message stating that he was reporting me to the BBB, Federal Trade Commission, Colorado Dental Board, Secretary of State, Attorney General and was coming to Pagosa to talk to the police about filing charges of fraud against me. On Saturday the 9th I returned his phone call but did not connect with him.  On Sunday the 10th I texted him and said I would be happy to speak with him, but I needed authorization from his wife to do so because of HIPPA regulations. As of this date, I have not heard back from him or anyone.
  In conclusion, Mrs. ****** entered into a treatment and financial agreement with our office whereby she clearly knew that the money she placed on account with us was nonrefundable.  ***** told my office manager on the day she cancelled her surgery that she still wanted to do this procedure, but it would have to be done at some later date. I confirmed that would be fine even if it were months down the road.  She also stated she wanted all her money refunded now after some three months have gone by.  It was explained to her and her brother that there were legitimate expenses that were already incurred. She was offered a refund minus what was already spent but she has not accepted this offer. I feel this is more than fair because her signed agreement states that there are no refunds only money on account to be used for this or any other dental procedures in the future. I am very sad this has escalated to this point but I have acted in good faith in trying to resolve this matter amicably being fair to both parties.
  Respectfully,
  
  ******* ** ******** ******

  Customer response

  12/13/2023

  Complaint: ********
  
  I am rejecting this response because:
  #1 - 7/11/23 drove to pagosa for free consultation to see if i was  qualified for implants, i was .. never, to date have i received any documents outlining a breakdown of costs .. i was just given the amount for the procedure .. i have asked over 5 times for this.
  #2 - 7/13/23 went for cleaning and to pay 5,000$ to "get things started" and pay remaining balance of 27,000$ before the surgery, which was paid in CASH not check, ******** wasn't there, Never once was it stated nonrefundable , and only for future dental work.  
  # 3 - office doesn't close, I went to # 2 cleaning and he had implant patient in first off, i asked, and people in waiting room.                                                              #4 - No mention of anesthesiologist at this point                                                                                                                                                                                     #5 - had to reschedule 2nd surgery, to have meds adjusted by my MD>, got ok'd for surgery, got cleaning #3 and made appt. for oct. 19th and 20th, had a med. emergency with my mom the 17th and called the 18th to inform his office there was no way i can get surgery and absolutely can not reschedule, i will pay for cleanings, but please return the rest of my money, ******** called the following week and said absolutely no  return of money and Was irritated and angry, he Never said he was sorry for mom and told me "that's life, people die" ( very cold answer).                                                                                                #6 - 4 days before surgery ******** called me and wanted 6,000$ additional in cash, for anesthesiologist, Never discussed, my MD ok'd  .                                  #7 - i provided Hippa release to ********, for my husband and brother(mediator) he spoke w/ mediator in oct. and nov. re. this matter, he was never threatened, the statement was made   (when attorney's  get involved, things get ugly), i was listening... 12/7 my husband got involved,   spoke with ******** 12/11/23 at 5:30 pm, half$ return is unacceptable                                                                                                                                                                                  #8 - also, ******* came in on my first cleaning 7/13/23 with additional pages she said she "forgot to put in the original agreement" and had me initial and sign, while i was hanging upside down, hooked to an EKG and blood pressure machine, she never disclosed what those pages were,                                          ....In closing, ******** has not acted in "Good Faith" regarding this matter, instead he has acted Fraudulent and  Unethical, He is falsifying the truth.                    ------------------- I will be Faxing the BBB  all of my documents regarding this, Thursday 12,14,23 ------------------------------------                                                         Sincerely, ***** ******                                                                                                                                                                                                                                                                                                                                                                                                                                     
  ***** ******

   

  [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

  Business response

  12/20/2023

  See attached response

  This is in response to a second reply from complainant ***** ******

  Reply #1: My office manager gave *****  copies of the documents she signed on 7/11 and 7/13. At no time did ***** ask us five times for this information or we would have gladly provided that to her.

  Rely #2: ***** signed a non refundable funds on account document on 7/13 that states that her money is only to be redeemed for dental work provided in our office and is not refundable.

  Reply #4: An anesthesiologist was not discussed originally because there was no indication that there was going to be health/blood pressure issues that required one. It was only after three months that it became apparent that it was not safe to move forward without  one.

  Reply#5: $5000 is the minimum required up to full payment. ******** is the financial manager who handles this.

  Reply #6: After attempts to get ******* blood pressure down without success I did not feel comfortable doing her sedation because I felt like it was not safe. The only reason for bringing in a specialist was so that this would be an entirely  safe procedure which is the first and foremost priority. The reasons for hiring this person were thoroughly discussed with ***** after this last visit in an attempt to get her ready for surgery.

  Reply #7: On 11/24 I had a conversation with ******* brother and I gave him an itemized list of expenses that were incurred up to this point to prepare for her surgery and hire other professionals to assist in the delivery of her care. Her brother did not ask for anything to be sent to him and I have been waiting to here back from him as he said he would be in touch.

  Reply #8:  An itemized list of expenses has been sent to ***** even though her husband said he was not interested in seeing them at this point. These expenses are not fake or fabricated in my office. They can be proven with legitimate receipts.

  Reply #9: There are signed financial  agreements by ***** and there always have been.

  Customer response

  12/21/2023

  Complaint: ********
  
  I am rejecting this response because:
  # 1 - 7/11 was free consultation, came back 7/13 with 5k that *** told me this was " to get things started", and YES, i asked *** over 3 times for an itemized breakdown of all costs, she always said she'd have to talk to ********, I also have  talked with two employees in office, who said they would have to talk to Sam, to date i have never received this.
  # 2 - This is not true, nothing was ever said nonrefundable, just that 5k, "would get things started,ok . also on the 13th cleaning *** cam in when i was hooked to EKG and BP machine, and had me sign 4 to 5 additional pages she forgot in the previously signed docs, told me they were just additional pre/post op. instructions, never  disclosed exactly what they were, i was upside down, on machines.
  #3 - my MD. adjusted meds. and signed off on procedure, as required in their original paperwork                                                                                                      # 4 - I know who his anesthesiologist is, it's his partner, it' on his license, also it was 4 days before oct. 19th and 20th surgery, he called on his personal cel. and had to have 6k more in cash for anesthesiologist , i said my MD already signed off, he didn't care.                                                                                                     # 5 - My MD. -did  the evaluation, not ******** and my MD. corrected all issues, not his partner., this was not thoroughly discussed, only days before procedure.  # 6 - ******** gave verbal breakdown to mediator, not receipts of payments, Since speaking with mediator, my husband is now involved. Mr. ******** knows this is wrong and so do i, we have not asked for the 5k back "to get things started' just the balance of 27k, since nothing has been done, he has 32K and i have nothing    
  
  ***** ******

   

  [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

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