Can I sue an orthodontist when she sold her practice to new partner before the contract expired? 2 Answers as of January 25, 2017

My ortho notified me one day before she left her practice group to pursue teaching and transferred my case to new rookie orthodontist instead of existing partner that was left in practice. I am very upset that my ortho pushed me to use new rookie partner, and they said they are unable to accommodate my need with the existing partner since she is extremely busy. I felt like my ortho sold her share to new rookie and gave me many reason not to use old partner. The contract said that if treatment is not completed by orthodontics (as a result of the patient relocating or the doctors being disabled). The fee may be proportionately prorated dependent on the time in the treatment. If I moved to new ortho, I have to pay for new setup fee and X-ray and consultation fees again. Can I recover those from her?

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Law Offices of George H. Shers | George H. Shers
If I understand your contract clearly, no. ?The contract states your remedy is the percentage of time you have not had treatment. ?Even if you did not have the contract, you would have to show that the new partner is clearly inferior to her, but even then you might not be entitled to any greater damages.
Answer Applies to: California
Replied: 1/25/2017
Law Ofices of Edwin K. Niles | Edwin K. Niles
Sounds like a good law suit. If the amount is under $10,000, you might consider Small Claims Court.
Answer Applies to: California
Replied: 1/24/2017
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