Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:11/30/2022

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Treatment began October 2021.Treatment cancelled January 2022.Treatment restarted September 2022.I have paid $1562.08 in total.The business is attempting to charge me $5388 in addition to the $1562.08 already paid.10/7/2021 - paid $1,000 12/1/21 - paid $280.22 7/27/22 - paid $100 9/16/22 - paid $181.86 I terminated treatment on 9/17/2022, the same day the appliance was placed (with an immediate emergency removal).The contract states in the termination policy: If the patient terminates treatment for any reason prior to completion of the treatment, fees for treatment are due and payable immediately as follows: $1400 for placement of appliances and a fee of $179 for each full or partial month of treatment, up to the total contract amount.$1400 + $537 (3 months of treatment at $179/month) = $1937.$1937 - $1562.08 (amount already paid) = $374.92 The business is attempting to charge me a total of $6,950. According to the contract and the amount already paid, I only owe $374.92.

  Business Response

  Date: 11/30/2022

  To Whom it May ***************** Whom it May **************** is a difficult case to respond to because there are medical reasons I cannot disclose which are clouding the patient's judgement and are causing her to retaliate for our insistence that she pay her contractually obligated amount.  However, from a strictly legal standpoint, I spent more than three and a half ***** speaking with the former patient today and at the heart of this complaint is her insistence that she does not understand the contract,which was explained to her before she signed it, and after she signed it multiple ****s.  I have attached the contract.  The contract which was executed on 3/18/2022 states that the patient must make monthly payments until treatment is complete.  In this case this patient underwent four different treatments under two separate contracts (i will return to the preceding contract in a moment as it is important).  The contract in the last paragraph states if the patient terminates their treatment which she did by phone two days ago they must remit payment in full immediately in the amount of $1400 for their appliance and $179 dollars for each partial or complete month of treatment (in this case 9 months, 9X$179= $1,611). $1,611+1400=$3011.   The patient has not paid a ***** of this amount and discontinued her mandatory monthly payments as she went on vacation without notifying us or notifying ******* return date.  Her treatment began the day her contract was signed and West Arvada Orthodontics (a pass through entity) paid for her appliance out of my a minimum and my pocket expecting the patient to continue her payments and finish her treatment.  She did not do either.  The patient was not compliant with treatment by disappearing for 9 months which in the contract entitles us to increase the price of her treatment under paragraph 16.  In this case 9 extra months of work chasing her and reviewing her status every single day with our team which we had to pay as is protocol in any clinic with a patient that is in the middle of treatment and has a critical intra-oral alliance that took a minimum of 10 doctor ***** which conservatively would be $2000 which was included in her total cost to create and $1500 dollars in lab fees and a minimum of $1000 of dollars in staff **** and doctor **** which was not due to her noncompliance.  Assuming we do not make a profit, which is not our intention with this patient, though is our right, that would bring her total owed to $4,011 conservatively.  This is where the previous contract comes in.  The patient paid a down payment of $1280.22 for A DIFFERENT treatment which required an additional 10 ***** of doctor **** ($2000 conservatively a $700 appliance and other expensive intraoral clear braces).  For reason I cannot disclose due to HIPAA the patient wanted to terminate her treatment and we agreed.  Instead of charging the patient $1400 and $179 dollars for that treatment which began 5/26/2021! we moved her down payment from the first treatment plan/contract to this treatment (reducing it from the contract above) but only because the patient would have allowed us to break even and maybe even make a tiny bit of profit, but not likely.  The patient then terminated her treatment 2 days ago and did so against stringent medical advice which is another case of extreme non-compliance and caused us to stay into the late evening insisting we remove the device incurring additional costs in doctor, assistant (over****)and CEO ****.  I will conservatively put that at an additional cost of $500 which brings us to $4511.  She now understands this was avoidable had she communicated with us that she had a medical condition that she feels affected this treatment.  Regardless if she is correct or not, we could have resolved her issue with a single phone call to another physician had we known of her prior medical history.  Unfortunately, she not only did not disclose that, but she specifically checked she did not have this diagnosis on her medical history form, which I can not share.  This act of non-compliance nullifies our credit to her of $1280.22 as seen on the contract as it was predicated on her completing her treatment.  This brings us to the former patient, ******************** owing West Arvada Orthodontics $5791.22 to be paid immediately 2 days ago.  ($4511+$1280.22=5791.22).  
  Even though the patient contractually Owes West Arvada Orthodontics $5791.22 I offered the patient an extremely generous discount as she was unhappy, and frankly due to her medical conditions which are up to her if she would like to disclose.  But WE ARE DOCTORS FIRST AND A BUSINESS SECOND and so I took this into account despite her lack of notification of her medical conditions.  I made ******* an offer that I will except  $2,626 and will take a major economic loss for the practice and for me and my pregnant wife so she would not feel she was unfairly treated.  I want to be very clear however, that contractually Ms. ****** owes us $5791.22.  Instead of excepting my generous offer (and gift of more than a year of free treatment she has not paid anything and has filed a board compliant and wrote a horrible ****** review which was blatantly untrue,although due to her medical conditions I believe that she truly does believe her disparaging and bullying statements. I am not saying this as an insult but as a physician out of care for our former patient (the same reason I offered her a massive gift of a discount).  Please note that her 1st treatment was around $6000 and that we collected her down payment and I think two payments (one for $100 dollars and the other for $280.  I point this out as contractually we are within our rights to ask for a similar amount for the first contract
  Which would put her over $10,000, but I am only asking her for $2,626.  She stated today that she now understands how the payment structure works but wants to run it by her attorney friend which I agreed to as long as I hear back and am paid by this Friday.  Otherwise, we have already retained an dental collection agency and their internal legal firm who stated we are in the right contractually and ethically and they would take her to small claims court if necessary.  We have also retained a legal firm for her slanderous review which I hope she removes after my caring and compassionate three and a half hour conversation with her today and nearly a week of emails going well into the night and early morning, where both myself and Dr. ********************************* sent her multiple medical and journal articles proving to her beyond any doubt that her treatment was conducted optimally.  In summary, Ms. ****** is a lovely woman which has by her treatment, comorbid condition which she denied likely due to past experiences with other clinicians, but which cost us a tremendous amount of **** and money, and her prolonged 9 month disappearance and instances on non-compliance with treatment has been has taken up days of work, taken away family dinners as she is right now by filing this frivolous complaint which she threatened if we did not provide her with confidential business information via email, and cost us over ten thousand dollars in lost revenue.  She inconvenienced dozens of patients which had to be rescheduled, many with parents, and many with special needs which required rescheduling the patient, parents, a para, and babysitter with her insistence on being seen.  She has caused us some stress it is difficult to put into words. The fact that she would do this to us as my wife is pregnant while she is in school to be a doula is truly unbelievable. Despite all of this, and mainly because of Ms. ****** medical conditions I am still willing to accept $2,626 an offer I made her on Nov 28, 2022, 2:52 PM via email and I still do not have an answer.  As per our agreement this afternoon if she is willing to pay this generously discounted amount I will consider the matter closed, otherwise we will be filing legal action against our former patient, an action I do not want to take,However in order for my wife to continue practicing orthodontics, and the only orthodontist in the world and certainly in ******** who specializes in treating kids with autism, brain and spinal cord injuries, and other neurological disorders, and adults with the same issues as well as PTSD  including our veterans who sustain jaw injuries and traumatic brain injuries in road side bombs we have to keep the lights on.  Ms. ****** stated to me at 4:05PM today that she does not want us to lose money on her case as she understands that not disclosing her medical conditions has cost us a lot of money.  I admire her, and if she has the funds,I would READILY accept the $5791.22 from her, but in an attempt to resolve this without hurting her credit or causing her undue financial stress which may exacerbate her medical conditions I will accept $2,626 if paid by Friday.  She has agreed to work with the collection agency on the larger amount, however.  It is my hope that for her sake and for our sake that she accepts our gift, withdraws this frivolous complaint and that by Friday this will all be behind us. I request that this response not be made public as offering discounts like we have to Ms. ****** is not sustainable and was done because we feel her undisclosed medical conditions clouded her judgement and contributed to her non-compliance.  She is a lovely and caring woman, but if we gave everyone the same level of discount we would be out of business in a month. 

  I would like to add that in the contract attached there are $15 dollar monthly late fees which I have not included for the 9 months Ms. ****** did not make her payments.  Also, in addition to paragraph 5 regarding monthly payments, Ms. ****** electronically signed the paragraph below regarding payments which states:
  
  ***Monthly payments plus late fees must be paid in full before treatment can continue. Missed monthly appointments cannot be made up and may cause increased treatment **** and expense. It is your responsibility to make an appointment and make your monthly payment. (Please remember monthly payments will still continue
  when account delinquent and/or no appointments being scheduled) Initials: JK
  
  Lastly, Ms. ****** also initialled she agreed to paragraph 10 by signing on line 11 which states "If patient or responsible party demands treatment termination prior to orthodontist's recommendation the account balance will still need to be paid in full."  THIS IS NOT DISPUTABLE AND THEREFORE MS ****** OWES WEST ARVADA ORTHODONTICS NO LESS THAN CONTRACT AMOUNT OF Cash Sale Price $ ******* Plus penalties.  
  

  
  

  Sincerely,

  ***************************, MD, MBA, FACHE

  CEO, West Arvada Orthodontics

   

   

  Customer Answer

  Date: 12/02/2022

   
  Complaint: 18485126
  
  I am rejecting this response because: It is riddled with misinformation. 

  
  

  Inaccuracies are as follows (this is not an exhaustive list):

  
  

  My name is *****, not ******. 

  ******** states I have "not paid a *****," yet I have paid $1562.08 to date and submitted proof of payment. 

  He claims I have bullied, harassed, and blackmailed - all of which are false.

  He mentions a "medical condition" several times - I do not have a medical condition, unless he's referring to anxiety.  

  He also states we had a 3.5 hour conversation. Our conversation was 1-hour in length and I have the call log to prove that. Again, this hour was spent on him describing his work and attempting to convince me to change my ****** review.

  He claims a week has been spent on emailing "well into the night and early morning" - there were approximately 2-days of communication. He was emailing and texting me so incessantly that I had to ask him to cease contact immediately. This behavior is highly unprofessional. I did not respond to the majority of his messages, and I did not give him permission to text my personal cell phone. I am happy to provide proof of all of our communications. It is clear who is the aggressor here.

  He claims I had a "prolonged disappearance" and says this has taken up "days of work and family dinners" - that is a bizarre claim to make. I communicated my leave of absence with their staff as I had work obligations, I also have proof of this in writing with time stamps. Again, how he chooses to spend his time, and his lack of work-life balance is irrelevant.

  He claims I have caused his pregnant wife harm. This is blatantly false. His statement then says I am in school to be a doula - that is also inaccurate information, I am not in school to be a doula. I have been a health care professional for over 15 years and I have never witnessed such unprofessional behavior from someone in this field. It is deeply concerning.

  The onslaught of emails and texts I have received over the course of several days is alarming. I simply asked for clarification on the contract's termination policy/my financial obligations and was met with aggression beyond anything I have experienced from a professional establishment before.

  Ultimately, my decision to discontinue treatment was based solely on his conduct.

  
  

  At this point, combing through the entire response from the business is taking too much of my time. The list of inaccuracies in the response is too extensive.

  
  Sincerely,
  
  *************************

  Business Response

  Date: 12/13/2022

  Date: December 13, 2022
  Complaint No.: 18485126
  Complainant: *************************
  Respondent: *********************************, D.M.D., M.S.

  
  I am in receipt of **************** Complaint and additional information tendered to the BBB on or about December 8, 2022. I have been asked by the BBB specifically to address the fact that ************** states that she has paid $1,562.08. Because of the direct nature of the request, my foregoing response is limited to that inquiry. In the interest of completion, however, I do wish to state that I deny that any unprofessional conduct has occurred between myself and ************** and deny the nature and extent of the other allegations in the BBB complaint and associated documents.Due to patient privacy protections, I am also unable to respond or comment on any statements relative to **************** medical conditions, including the dental care and treatment I provided her.

  
  In summary, ************** has received orthodontic treatment from our office and paid $1,562.08 in total, across four separate payments. She has a remaining balance of $5,637.92 which does not include late fees, interest, or any amounts that *** be charged under the contract.

  
  ************** was a self-pay patient, meaning none of her services were billed through an insurance carrier. She presented to my office to receive orthodontic care, and signed each of the requisite and standard consent forms, financial agreements, and acknowledgement of treatment plans. All financial information was transparent and available to her. We also accommodated **************** financial needs by providing a payment plan and removing late fees when incurred. We provided her discounts based on her active healthcare worker status, but have records indicating that she was a student,which would not qualify her for such discounts. Regardless, ************** has an outstanding balance of $5,637.92 with our office, which reflects a balance of less than what we believe she actually owes our practice.

  
  ************** made four total payments:$1280.22 as a downpayment (split 10/6/21 and 12/1/2021), and two subsequent payments of $100.00 (7/26/22) and $181.86 (9/15/22) respectively. After the 9/15/22 payment, the amount of $181.86 was due each month until paid in full,and subject to a $15.00 late fee. ************** did not make any additional payments to our office, and has a remaining balance today of $5,637.92 which does not include late fees, interest, or any other amounts that *** be charged under the contract. I had previously provided a copy of the contract in my prior correspondence with the BBB.

  
  The financial agreements executed by ************* also acknowledged that if the patient demands treatment termination prior to the orthodontists recommendation the account balance will still need to be paid in full. In **************** materials submitted to the BBB, she indicates that she had made the decision to discontinue treatmentshe therefore remains contractually responsible for the remaining balance.

  
  With the understanding that my response *** be publicly posted on the BBBs website pursuant to your recent email, I am not able to discuss specific patient care information with the BBB,particularly in a manner where the information *** be publicly disseminated. Please let me know if you require anything further.

  Sincerely,
  *********************************, D.M.D., M.S.

  Customer Answer

  Date: 01/08/2023

   
  Complaint: 18485126
  
  I am rejecting this response because:

  In my original statement, I attached proof of the termination policys financial agreement in West Arvadas contract.
  
  Since Dr ********************************* is still requesting payment in full for services not rendered, I am happy to provide evidence of Ronens behavior that led me to believe the contract should be invalidated (due to unprofessional conduct). Again, I would not have terminated treatment had I been treated with respect rather than belittled and dismissed after sharing legitimate concerns the day I requested emergency removal of the appliance.
  
  A contractual agreement between a business and a consumer is in place to guarantee I, the consumer, will receive PROFESSIONAL service in return for my financial obligation to the business. Thats basic business ethics. We all know this. Unfortunately, West Arvada Orthodontics did not uphold professional standards, thus leading to my transferring treatment.
  
  I REQUEST: West Arvada Orthodontics keep the total paid-to-date, and reduce the remaining balance owed to $0. This is well within their range of ability, anything less would be doing everyone involved a major disservice moving forward.
  
  If this request is not met, and I am turned over to collections, I ask that the collection agency contact me immediately for additional information.
  
  We are prepared to have the courts decide what is fair in this case. I am prepared to provide public record of a history of unprofessional behavior from *****, as well as all text and email correspondence that proves 1) I did not engage in any of the behavior ***** has accused me of, 2) I was always solution-oriented and open to conflict resolution, 3) I attempted to de-escalate his harassment with clear and neutral responses numerous times, and 4) he ignored my request for him to cease contacting me immediately. 
  
  I have done all I can do to reach an agreement with West Arvada Orthodontics. Unfortunately, my 3-star review on their ****** site is an inaccurate reflection of my 1-star experience. Ronen bullied me into changing from a 1-star review to a 3-star review (proving his unable to accept constructive costumer feedback) and I will provide proof of this as well, when necessary. My partner and I have been waiting patiently for their legal team to reach out, as ***** had promised. We have yet to hear from their legal team or a collection agency. 

  I look forward to resolving this unnecessary conflict as soon as possible.

  
  Sincerely,
  
  *************************