I. The Situation in Context

A patient receives dental treatment at a clinic, pays deposits or installment fees, or is billed for additional services. Then the treating dentist dies (or becomes permanently unavailable). After the death, the clinic—or the dentist’s staff, associates, or heirs—demands more money, refuses to issue records, changes the treatment plan, or insists the patient must “pay the balance” even though treatment is unfinished, altered, or no longer possible with the same provider. Patients also encounter problems such as: inflated final billing, “new management” charging different rates mid-treatment, refusal to refund unused balances, or denial of receipts.

This scenario sits at the intersection of consumer protection, civil obligations and contracts, professional regulation, and estate law, with important practical issues around proof, receipts, and who is legally responsible.

This article lays out the relevant principles and remedies in the Philippine setting.

II. Key Legal Frameworks That Commonly Apply

A. Consumer Act of the Philippines (RA 7394): deceptive, unfair, and unconscionable practices

Dental services are “services” offered to consumers. While professional health services have regulatory dimensions, transactions still implicate consumer protection norms, especially where there are:

misleading pricing,
undisclosed fees,
bait-and-switch quotations,
refusal to honor posted/quoted rates,
billing for services not rendered,
refusal to issue receipts, or
harsh, one-sided collection practices.

Under consumer protection principles, the consumer may challenge deceptive, unfair, or unconscionable acts in the sale of services and assert rights to accurate information, fair dealing, and proper documentation.

B. Civil Code: contracts, quasi-contracts, and damages

Most dental engagements are service contracts: the clinic/dentist undertakes to provide treatment; the patient undertakes to pay agreed fees. If treatment is not completed because the dentist dies, core Civil Code doctrines become crucial:

Obligations must be performed in good faith.
Payment without basis or overpayment may be recovered (concepts commonly framed as solutio indebiti / undue payment).
Unjust enrichment is disfavored: no one should enrich themselves at another’s expense without legal ground.
Breach of contract can lead to damages (actual, moral/exemplary in appropriate cases, plus attorney’s fees where justified).
Impossibility of performance and extinguishment of obligations: if the service is so personal that it cannot be performed due to death, the obligation to perform may be extinguished or modified, and the payment consequences must be equitably settled.

C. Professional regulation (PRC / Board of Dentistry) and ethical duties

Dentists are regulated professionals. Misrepresentation, improper billing, unethical collection, and patient record withholding can have administrative consequences. Clinics employing multiple practitioners also have duties to ensure lawful practice and ethical conduct.

D. Estate law (Rules of Court; settlement of estate)

When the dentist dies, legal claims connected to the dentist’s practice can become claims against the estate—but only if the dentist was the contracting party (e.g., a sole proprietor dentist). If the clinic is a separate legal entity (corporation/partnership) or another dentist owns the clinic, the clinic entity may remain liable independent of the estate.

III. First Question: Who Is the Contracting Party?

Everything turns on whether you paid:

A sole proprietor dentist (clinic is basically the dentist’s practice), or
A clinic entity (corporation/partnership/registered business with staff dentists), or
A new operator after death (someone took over the premises/patient list).

A. Indicators you contracted with the dentist personally

Official receipts are in the dentist’s name (or a business name clearly owned by the dentist as sole proprietor).
Agreements, treatment plans, consent forms name the dentist directly.
Payments were made to the dentist personally.

Effect: Claims for refund/overcharge may be pursued against the estate, but you can still demand accounting/records from the clinic staff who hold them.

B. Indicators you contracted with a clinic entity

Receipts are in the corporation/partnership/clinic name (with TIN/registered entity).
Marketing/quotation/treatment plan is issued by the clinic.
Multiple dentists render services; the clinic assigns providers.

Effect: The clinic generally remains responsible despite the death of one dentist. The “death” does not erase contractual liability.

C. “New management” or successors

If heirs or others continue operations, determine if:

they continued the same business (same name, same receipts, same registration), or
they started a new entity but are using the old goodwill.

Effect: Liability may attach to the continuing entity, but a new operator cannot automatically impose new fees for unfinished prior obligations unless the patient clearly agrees to new terms.

IV. Pricing, Quotations, and What Counts as an “Overcharge”

A. Overcharge patterns

Charging above the quoted package price without written change order.
Charging for procedures not done, not necessary, or duplicated.
Charging “emergency,” “admin,” “consumables,” or “facility” fees not disclosed upfront.
Charging a “completion fee” after death even though the contracted dentist can’t finish.
Requiring the patient to pay again for steps already paid (e.g., impressions, temporaries, lab fees).
Inflating lab charges without proof or receipts.

B. When a clinic can lawfully charge additional amounts

Additional charges can be legitimate if they are:

clearly disclosed in advance or in the treatment plan,
medically/dentally necessary due to changed clinical conditions,
agreed to by the patient with informed consent,
supported by documentation (progress notes, radiographs, lab slips), and
reasonably priced in context.

If the dentist dies, the clinic may propose a new dentist to continue, but it still must respect:

the patient’s right to informed consent and choice,
the original pricing commitments (unless validly re-negotiated), and
fair accounting for what has already been paid.

C. Deposits, packages, and unfinished work

Common arrangements:

Deposit/retainer: often applied to future services.
Package price (e.g., braces, dentures, veneers): typically covers a course of treatment.
Installments: payment across time and visits.

If treatment stops because the dentist died, the clinic must account for:

services already rendered,
lab work already produced and delivered,
materials already used, and
what remains undelivered.

The clinic generally cannot keep money for services it will never deliver, absent a clearly agreed non-refundable term that is fair, specific, and not unconscionable.

V. The Patient’s Core Rights in This Scenario

A. Right to accurate billing and proper receipts

Patients can insist on:

itemized statements,
official receipts for payments,
clarification of what each charge covers,
proof of lab expenses if billed separately.

Failure to issue proper receipts can trigger tax and consumer enforcement issues and undermines the clinic’s position in any dispute.

B. Right to informed consent and treatment plan transparency

Material changes—especially after the dentist’s death—must be explained:

why a new dentist is needed,
whether the plan changes,
cost implications,
alternatives (including transferring care).

C. Right to access dental records

Patients have strong interests in obtaining:

dental charts/progress notes,
radiographs,
treatment plan documents,
prescriptions,
lab prescriptions and case details (for prosthetics),
orthodontic records (if applicable).

Clinics commonly claim “records are property of the clinic.” Even where the physical record is retained, patients are typically entitled to copies upon request and reasonable copying cost, and should not be held hostage for disputed fees.

D. Right to refund of unused payments / to recover overpayments

Where the clinic cannot complete the contracted services (because the provider died and no equivalent continuation is offered on the same terms, or the patient reasonably refuses a materially different arrangement), the patient may claim:

refund of unearned portions,
return of deposits that have no remaining application,
reimbursement for amounts billed without basis.

VI. Legal Theories Commonly Used to Demand Refund or Reverse Overcharges

A. Breach of contract / breach of obligation

If the clinic (or dentist) promised a service for a price and did not deliver, or changed the price unilaterally, the patient can claim breach.

Key idea: You pay for deliverables and services actually rendered, not for an abandoned promise.

B. Unjust enrichment / undue payment (solutio indebiti)

If the patient paid an amount not due—especially due to pressure, misinformation, or confusion after the dentist’s death—the patient may recover the excess as an undue payment. Good faith/bad faith affects potential damages.

C. Misrepresentation / deceptive practice

If the clinic used misleading statements—e.g., “you must pay or we won’t release your records,” “the package never included that” despite written inclusion, “the dentist’s death means fees automatically increase”—the patient may assert consumer-based claims in addition to civil recovery.

D. Coercion and improper withholding of records

Refusing record release as leverage can be framed as bad faith and may strengthen claims for damages and administrative complaints.

VII. The Death of the Dentist: What It Does (and Doesn’t) Change

A. Death does not automatically erase liability

If you contracted with a clinic entity, it generally remains liable for billing integrity, records, and refunds.
If you contracted with the dentist as sole proprietor, obligations and claims can shift to the estate, but staff and successors who control clinic records still have responsibilities regarding documents and fair dealing.

B. “Personal” services and impossibility

Some patients choose a dentist for personal skill. Death makes performance by that specific person impossible. In such cases:

the obligation to provide that dentist’s personal service is extinguished,
but payment must be settled fairly: the provider (or estate) keeps payment for work actually performed and documented, and returns the unearned portion.

C. Substitution by another dentist: patient choice matters

A clinic may offer another dentist, but the patient generally may refuse if:

the treatment is materially personal and trust-based (especially complex restorative/cosmetic work),
the substitute would change technique/materials,
the pricing changes unilaterally, or
the patient reasonably prefers transfer of care.

Refusal should be communicated in writing, with a request for records and accounting.

VIII. Practical Step-by-Step Remedy Path (Philippine Setting)

Step 1: Demand documents and an itemized accounting (in writing)

Ask for:

itemized statement of account,
receipts for all payments,
treatment plan and progress notes,
list of procedures actually performed with dates,
lab work invoices/receipts (if charged),
refund computation for unrendered portions.

Step 2: Send a formal demand for refund/adjustment

A strong demand letter typically includes:

timeline (dates of payment, promised deliverables),
copies of quotations/packages,
what changed after the dentist’s death,
what you believe is the overcharge and why,
your computation of refund/adjustment,
deadline for response/payment.

Step 3: Choose escalation channel(s)

You can pursue multiple channels depending on the goal:

A. Administrative consumer complaint (price/billing unfairness)

For deceptive/unfair billing and refusal to provide proper documentation, a consumer complaint route may be appropriate (often involving local consumer assistance mechanisms or agencies tasked with consumer protection). This is most useful when:

there is clear documentary proof of misrepresentation,
the clinic refuses to issue receipts or explain charges,
the clinic is coercive.

B. Civil claim for refund/damages (court or appropriate dispute forum)

If the amount is substantial or the clinic refuses to comply, pursue:

refund of overpayment/unused portion,
damages if bad faith is provable,
attorney’s fees when warranted.

If the claim is small, you may consider simplified procedures depending on the amount and venue rules (and whether the claim fits small claims parameters).

C. Administrative complaint against the dentist/clinic practitioners

If there is unethical conduct (misrepresentation, improper withholding of records, abusive collection), an administrative complaint with the professional regulatory framework may be considered—especially where licensed dentists involved in the post-death billing are acting improperly.

D. If the liable party is the deceased dentist (estate claim)

If the contracting party was the deceased dentist as sole proprietor:

the refund claim may be asserted as a money claim against the estate during settlement proceedings.
If there is no settlement proceeding yet, practical recovery can be harder; the patient still should document the claim and attempt settlement with heirs/administrator, but formal recovery may require estate processes.

IX. Evidence Checklist (What Wins These Cases)

Written quotation / package inclusions (printed, email, chat, clinic brochure, screenshots)
Treatment plan and consent forms
Official receipts and payment proofs (bank transfer slips, e-wallet logs)
Clinic messages about fee changes after death
Before-and-after clinical documentation (photos, x-rays, progress notes)
Records request and refusals (emails/letters)
Your own timeline and computation of what was paid vs. what was delivered

A clear computation is essential: Total paid minus value of services actually rendered and documented equals refund due (subject to reasonable lab/material costs already incurred specifically for you, if supported by proof).

X. Common Defenses by Clinics and How They Are Evaluated

A. “Non-refundable deposit”

Courts and regulators tend to scrutinize non-refundable terms. Factors that usually matter:

Was it clearly disclosed before payment?
Is it proportionate to actual costs incurred?
Is it being used to keep money for services never delivered?
Is it unconscionable given the circumstances (e.g., dentist’s death)?

A clinic is in a stronger position if it can prove actual costs already incurred (lab work produced, custom prosthetics fabricated, materials opened and used), not just a blanket policy.

B. “Lab fees were already paid”

Legitimate if supported by lab invoice or documentation that a custom item was made for the patient and cannot be reused. If the patient can take the lab product (e.g., finished crown/denture), they should be offered turnover where clinically appropriate and safe.

C. “New dentist, new rates”

A clinic can propose new rates only through genuine re-negotiation, not unilateral imposition. For unfinished prepaid packages, a clinic generally cannot demand the patient pay again for already paid stages.

D. “We will not release records until you pay”

This is a red flag. While clinics may claim retention rights over physical records, using records as leverage for disputed fees can be treated as bad faith and can support administrative complaints and damages arguments. At minimum, patients are commonly entitled to copies upon request.

XI. Special Issues After Death: Staff, Heirs, and “Successor” Liability

A. Staff demands payment “on behalf of the family”

If payment is demanded without proper receipts or clear authority, the patient should:

insist on paying only through the registered entity or the estate representative,
require official receipts,
avoid cash payments without documentation.

B. Heirs continuing the clinic

If heirs continue operating:

confirm business registration and tax registration details on receipts,
confirm who is the authorized manager,
keep communications in writing.

C. Multiple dentists in the same clinic

If another dentist continues your treatment, your rights include:

updated treatment plan and consent,
continuity records,
accounting and honoring of prior payments.

XII. Remedies and Possible Outcomes

A. Refund/adjustment

Most common resolution: clinic returns unearned portion or credits it toward completion by another dentist.

B. Record release and transfer of care

Even if the monetary dispute continues, patients typically should secure records promptly to avoid health/treatment risks.

C. Damages (when warranted)

Damages are more likely when there is proof of:

fraud or intentional deception,
harassment or coercion,
deliberate refusal to account/refund,
abusive withholding of records causing harm.

D. Settlement documentation

A settlement should specify:

total amount paid,
services delivered,
refund amount or remaining balance (if any),
deadline and method of payment,
turnover of records and lab items,
clear statement that the settlement resolves the billing dispute.

XIII. Preventive Measures for Patients (Best Practices)

Always request written treatment plan with itemized costs.
Pay through traceable methods; insist on official receipts.
Avoid large lump-sum payments without clear milestones/refund terms.
Keep screenshots of quotations and inclusions.
After any disruption (like dentist’s death), demand accounting and records immediately before agreeing to new charges.

XIV. Bottom-Line Principles

The patient’s obligation to pay is tied to services actually rendered and terms actually agreed, not unilateral post-event demands.
The death of a dentist can make performance impossible, but it does not give the clinic (or heirs) a free pass to keep unearned payments or impose inflated charges.
The strongest remedies usually come from combining: (1) written demand + accounting request, (2) consumer/professional administrative leverage where appropriate, and (3) civil recovery for refunds and damages when the clinic refuses to act in good faith.