Question on supposed no-show

[ellencee]

EC, I just KNEW that you were lurking somewhere out there... just 'chompin' at the bit to jump in here.

recognized my laughter, did you?

EC

 

[I AM ALWAYS LIABLE]

Look Here is a good answer that is not so egocentric. The sixty dollar charge seems quite excessive. Usually most doctors charge a 25-30.00 charge for an appointment that is not cancelled in the 24 hour period.

My response:

Randall, I want you to research verbal contracts, and then look up "liquidated damages".

Also, find me any law, or other treatise, that tells us that a doctor is restricted to a certain amount for missed appointments. And don't talk to me about "community standards" either.

IAAL

 

[JETX]

First, I would like to commend you for your apparent 'enlightenment' that your original 'suggestions' were just flat out incorrect.... and pretty inane!!

The sixty dollar charge seems quite excessive. Usually most doctors charge a 25-30.00 charge for an appointment that is not cancelled in the 24 hour period.

And where the hell did you get that 'statistic'??? Or did you really mean to say that YOU think that $25 = $30 is more reasonable?? Come on, your posts are getting more sophomoric by the minute.

One thing that is important is that in most cases, it is not the doctor charging you.

Again, where the hell did you come up with that crap??? Please provide ANY independent support for your claim.... or did you simply make this up also??

They hire business processors to do the insurance dirty work... Consequently missed appointment fees are not covered by insurance.

If you are in fact a law student, you need a LOT of work in the issue of 'logic' (connecting related facts). In this case, your post implies that the 'business processors' are the reason that the fees are not covered. Obvoiusly, that isn't true....

Why dont you call the doctors office and speak to whomever is in charge of the financials for the doctor. Explain that you were dissatisfied with the service and you decided to go else where. Tell him you tried to cancel, but you couldn't get through. Most likely they will be flexible with you.

Gee, that sounds kind of familiar.... hmmmm... wonder where I heard that before.....
Oh, I get it.... it is from my FIRST post in this thread.... "try to negotiate a waiver or settlement with the doctor."!!

infinate

infinite

wisdom to be smarty pants

I just LOVE that one!!

Have you even called the Consumer protection agency... ?

And what 'agency' would that be??? Maybe the "Viriginia I was charged for missing a doctors appointment commission"???

Seriously, to the original poster.... There really isn't anything you can do and the repercussions from not paying the $60 will likely be far more damaging (to your credit history, etc.) if they pursue it. I again suggest you try to negotiate some type of settlement of the claim, from waiver to a possible reduction in the amount.

 

[RandallFabiano]

okay, I digress

First of all liquidated damages is correct and see thats why I like you. Jetx and everyone else just argue their lay definitions. But since liquidated damages are stipulated often in contracts which there is a reasonable expectation of what to expect and in this ladies case there was a breach of that agreement. I dont see why this lady is crying for the 60 bucks if she knew what to expect. Now if there was someother circumstance where they have fraudulently overcharged her then thats different.
Let us return to first day of law school on contracts. Yes they can be expressed or implied which are manifested by words or actions or silence, however, both parties have to have a reasonable knowledge of what to do or not to do when it comes to that contractual relationship. Let me not remind you of the actual damages aspect of Liquidated Damages? Can't it well be assumed that the doctor didn't wait around when this lady was suppost to show up. What did the doctor lose? Nothing.. He went to lunch or possible took another patient.. Although I agree with you, I certainly think it is redundant in these cases when people cry after they knew the forseeable outcome... Dont walk on glass with barefeet.. Chances are you will get cut... Heed that..

 

[RandallFabiano]

By the way the norm

Is 25 to 30 dollars call anyone in your phonebook or go search a couple of websites for Doctors office appointment cancellation fee.. You will find thaty 60 dollars is excessive.. And the standards crap is not crap, its what malpractice is predicated upon...

 

[I AM ALWAYS LIABLE]

Is 25 to 30 dollars call anyone in your phonebook or go search a couple of websites for Doctors office appointment cancellation fee.. You will find thaty 60 dollars is excessive.. And the standards crap is not crap, its what malpractice is predicated upon...

My response:

Oh, God. I knew it! I just knew it!

This is EXACTLY the reason why I said, "And don't talk to me about "community standards" either." I knew you were going to equate "no-show" charges with "malpractice". I just knew it! And, of course, you went ahead and did it. Absolutely incredible. Have no fear Randall - - next year you'll learn about "issue spotting".

I am chagrined.

IAAL

 

[JETX]

Is 25 to 30 dollars call anyone in your phonebook or go search a couple of websites for Doctors office appointment cancellation fee.. You will find thaty 60 dollars is excessive..

Again, you are so full of crap, your eyes are brown!!

Let me help you with this:
"Rebooking of appointment that was cancelled without 24 h advance notice by patient ($50 fee for missed appointment and rebooking)"
http://www.mythyroid.com/drucker_office.htm

"If you fail to keep an appointment or give less than 48 hours notice for a cancellation, there will be a $50.00 charge."
http://www.dental.ufl.edu/Offices/Fac_prac/Office_policies.html

"Failure to cancel with less than 24 hours notice, or "no-shows" may result in a cancellation charge of up to $100 per appointment."
http://www.painpoints.com/patient.htm#2

"CANCELLATION POLICY
Because the appointment time has been reserved for you, you will be charged for cancellations with less than 24-hours notice. A fee of $50.00 will be charged for a 15 minute established patient visit and a fee of $75.00 for 30-45 minute established patient visit, for the physicians and Nurse Practitioners. A fee of $50.00 will be charged for a 60 minute established patient visit, for the therapists. A fee of $100.00 will be charged for a 60-minute New Patient appointment visit, for all clinicians. These charges are not covered by your insurance and are due and payable prior to any further appointments."
http://www.suburbanpsych.org/images/files/officepolicy.pdf

And so one... as you can (or should) see, your claim that this $60.00 is unreasonable is simply.... unreasonable!!

 

[Consentlaw]

Ha ha Ha

I love this.
1) First above most Standard of Care is not and does not have anything to do with Doctors fees.
2) 60 Dollars sounds excessive but they could charge a million dollars and if you agreed to it, you agreed to it. Whether expressed or implied consent to the contract.
3) Jetx, I seriously doubt you're a lawyer, and if you are, you went to a school of law for Personal Injury Lawyers. Although I doubt it, you have over 20,000 posts on this forum, how could you have had time!
4) To answer the original question. This is a waste of time. Get another Doctor and Move on.
5) Liquidated Damages? How freaking ridiculous! Why not sue for Wrongful death while your at it.
6) Don't you people have a phone? Call a lawyer, if he laughs, drop the claim.
7) Randall Keep studying, you have a little bit to go.I went to Pepperdine Law.
You make some good points but learn how to spell, most people won't take you serious if there is a lot of typo's.
8) Medical Malpractice claims should be reserved for the brain damaged.

PS. JETX 20,000 posts! Jesus Man! Are you married! I doubt it!

 

[Consentlaw]

JETX I see you search the Internet Well

Ummm, you have officially proven your right! What do you win? Nothing. Remember thats the first rule of a lawsuit. If you have a claim you have to be able to collect. Jetx, you have spent hours debating with this guy out of nothing better to do. Take that same knowledge and focus and read a book. Jesus Christ 20,000 posts!

 

[I AM ALWAYS LIABLE]

I love this.


5) Liquidated Damages? How freaking ridiculous! Why not sue for Wrongful death while your at it.

My response:

First, we're discussing a "contract issue"; not whether someone can use a telephone. Also, why would you even mention "sue for wrongful death" in your response? Comparing apples and oranges now? So, I guess we have another idiot to contend with, in the form of "ConsentLaw".

By the way, I have over 30,000 posts. You're obviously thinking like an "employee" who needs to work, rather than a law firm "employer" like me who has others doing the work.

Liquidated damages in contract:
In an action for breach of contract, where it is impracticable or extremely difficult to fix actual damages, the amount of liquidated damages agreed to in the contract may be presumed. [Ca Civil § 1671]

Foundational facts:
Before the amount of liquidated damages will be presumed, the proponent must prove the following:

• an agreement exists fixing the amount to be considered as liquidated damages for a breach of contract;

• it would be extremely difficult to fix the amount of actual damages; and

• the amount stated as liquidated damages is the result of an attempt by the parties to state an amount that bears a reasonable relationship to the actual damages. [United Sav. & Loan Ass'n of Calif. v. Reeder Develop. Corp. (1976) 57 Cal.App.3d 282, 298-299, 129 Cal.Rptr. 113, 123--presumed fact if the amount set forth as liquidated damages constitutes actual loss or damages sustained by breach of contract]

IAAL

 

[I AM ALWAYS LIABLE]

My further comment:

There sure is a bunch of crap coming out of Pepperdine nowadays.

IAAL