TO JBH

FORM JAMES OSTERBUR

02/13/02

Re: TO REAFFIRM

 

As distinctly stated in the letter sent to you, section D last line/ BECAUSE YOU INSIST in this matter, we will be going forward with the lawsuit.

As indicated I am busy, and have no use for this, it is an irritant but it seems necessary. Therefore it will be weeks or months before formal pleadings arrive, as I have other things to do.

As to the rest of your letter, Amy expectations are the very same as everyone else=s. That is the point of the lawsuit. YOUR office policies & procedures are exactly, what the presentation of trial evidence will be about. And you will be asked to define to the court, EXACTLY what those procedures & policies are. The treatment of a patient in particular in clear & certain terms, of the type and description that will be used in court and will be used in media. The cause of discrimination, exists as the critical reality of an expectation of this patient for treatment. The promise of that treatment by the procurement of an appointment for the purpose of a broken tooth (the information given, during the request). The lack of treatment, you did nothing of value to or for me, merely handed me a bill and said Ayou need dental work@/ I KNEW THAT. I waited 3 months for the opportunity to have that dental work, at least started. The reality of an additional 4 months prior to the actual work being started adds up to a 7 month wait to repair a broken tooth/ further unlike other patients I am given a total of 11 more appointment, for 14 cavities ending on July 16 /02. This is 4 months of appointments and roughly 500 miles of driving, and at least 20 hours of my time. I would not complain about the appointment if it were not for the delay, 7 months is too long!

The reality of this treatment is viewable as an A84 dollar@ charge, connected to another 4 month wait/ which almost no one would do/ constitutes an attempt at larceny. As the time may be viewed as a direct attempt to force me elsewhere, and charge me for nothing. I did make the trip to your office, at your acceptance of the work, I did set-aside time for that work to be done, and wait for the treatment; all to be refused, Aanything, that the common patient would deem reasonable.@

Perhaps you have patients, who would wait, for 7 months after calling with a broken tooth? PRODUCE THEM in court/ remembering this is a trial for RESPECT. And its purpose is Atruth in advertising, a no obligation, no liability, no slander@ method of determining how best I should advertise Afor you@.

You could have regretted your treatment of me, as inappropriate, an error in judgment/ could have stated the problem was a Amis-communication@ with your staff/ you could have sought a reasonable solution such as Aoffering to remove the 84 dollar billing, at a minimum/ arranging another dentist Adue to an unyielding schedule/ you could have presented the matter in a forum for discussion.@ You did none of these. Instead you create a purpose for your actions as Aquality dental services, in a professional manner@, and as a consequence, MUST PROVE EXACTLY what you mean by that. IF my own treatment does not fall within these confines, the penalty listed in the previous letter applies. You describe these matters as your own behaviors (letter)

The consequence of your actions may produce additional cause: quote Aafter consulting with representatives of the IL state dental association@ we feel/ unquote. Therefore the policies and practices of these also come into view. The question will be Aidentify in clear & significant terms, exactly how and why you believe this is Aprofessional treatment/ a treatment for the masses. They will get a letter of invitation to court. You are requested to send their address to me.

This is now a legal matter, that will require time and effort/ without doubt an appeal by one of us and is thereby likely to become a 3 year ordeal. The consequence of this work, the certainty of you trying to apply lawyer fees to me if I would lose, and the simple reality YOU CAUSED THE WORK to be done, all state an expense shall be added to the lawsuit, as it becomes definable; what would be fair.

See you in court.

James F. Osterbur

In this letter, the defendant is given the choice, to refine his decision in the terms he feels significantly identifies his right, to the money. Failing that, the presentation in court of a long and drawn out trial & appeal are facing him with the costs associated. The plaintiff states; Adon=t want to/ it is not my desire/ however if you insist, to court we go.