• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Threat of Lawsuit Over a Missed Dr Appointment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

neelampat

Junior Member
I missed a doctor's appointment in he state of Viriginia and the doctor charged me a $100 no show fee even though I explained to him it was an emergency. He charged $100 on my Amex card and I told Amex that I wanted to dispute the charge so Amex sent him a notice asking him to provide evidence that his charge was legal. The doctor failed to respond to Amex and me and thus Amex ruled in my favor and did not pay the doctor. Now, the doctor's lawyer sent me a message saying that I owe $300+ (including the original payment and attorney fees) within 30 days or a suit will be filed against me.

What can I do to fight this?
 


jsmith416

Member
At this point your options are to either pay it or not pay it. There is nothing to fight yet since you haven't been sued. They might just be blowing smoke.

You might also want to find another doctor or at least not go under the knife with this one.
 

BL

Senior Member
Generally what happens with these types of payments ( unpaid ) is that they go in your credit reports .

Just because your CC didn't pay it , does mean you do not owe it .

Also , unpaid Drs. fees PCP's usually have a " after 3 no shows " there will be a fee . Perhaps yours did not have such a policy .
 

Mass_Shyster

Senior Member
I missed a doctor's appointment in he state of Viriginia and the doctor charged me a $100 no show fee even though I explained to him it was an emergency. He charged $100 on my Amex card and I told Amex that I wanted to dispute the charge so Amex sent him a notice asking him to provide evidence that his charge was legal. The doctor failed to respond to Amex and me and thus Amex ruled in my favor and did not pay the doctor. Now, the doctor's lawyer sent me a message saying that I owe $300+ (including the original payment and attorney fees) within 30 days or a suit will be filed against me.

What can I do to fight this?
Ask for a copy of the agreement that you signed where it says you are responsible for no-show charges and attorney fees.
 

Zigner

Senior Member, Non-Attorney
...and while you're reading that agreement - look for the part that says you only have to pay it if it wasn't an emergency.
 
If there isn't a contract, I don't see the suit. Negligent misrepresentation? Even if there is a contract, the Dr. will have to prove up damages (unless they're liquidated in a contract). Also, the attorney fees seem a stretch. (Again, unless they're in the contract.)
 

neelampat

Junior Member
More thoughts....

Are they obligated to send us a copy of the signed contract? Also, do you think we should try calling up the doctor or sending a message back to the attorney?

Do you think it is worth going to small claims court in the case that the doctor refuses to send us a copy of the contract? (We can remember if we signed a contract but my father-in-law goes to the same dentist and he claims that he did sign that type of a contract).

Also, this doctor received in F in terms of a Better Business Bureau rating. We have also filed a complaint with United as well as the Medical Association.
 

moburkes

Senior Member
Are they obligated to send us a copy of the signed contract? Also, do you think we should try calling up the doctor or sending a message back to the attorney?

Do you think it is worth going to small claims court in the case that the doctor refuses to send us a copy of the contract? (We can remember if we signed a contract but my father-in-law goes to the same dentist and he claims that he did sign that type of a contract).

Also, this doctor received in F in terms of a Better Business Bureau rating. We have also filed a complaint with United as well as the Medical Association.
No. Generally you sign it as part of your paperwork while you're waiting for your appointment with the doctor. It's in the same stack which says that you're liable for all the bills, and billing insurance is just a courtesy.

You're more than welcome to ask for a copy (as a reminder), but there's no requirement they mail you a copy. You could have asked for copy at the time you signed it.
 
I agree with moburkes. Also, you don't have to "sign" something for there to be a contract. If there is a sign in the office stating the policy, a court may find that, by setting up an appointment, you have agreed.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top