Legal Question in Business Law in Florida

Am I liable for this payment?

Last year I started my own outpatient medical facility. I purchased a machine for this business on a verbal promise from a doctor that he would send patients to me if I purchased the machine. Well, needless to say, he did not keep that promise. So now, here I had a machine that I really could not use...not even with other providers. Medicare would not reimburse me for the procedure even if I had used the machine to care for patients because it was not one of the billable (CPT codes) for my entity which would have allowed reimbursement. This meant that even if I had kept the machine, I would not have received any payments and could not bill patients for the procedures. So I sent the machine back because I could no longer afford to pay for it. I never used the machine, I sent it back in the same box I received it, with a letter providing reason. Now they are suing my business.What are my rights? Can you help?

Bridget


Asked on 12/18/03, 1:51 pm

2 Answers from Attorneys
Craig Dorne Craig M. Dorne, PA

Re: Am I liable for this payment?

NOTE: This communication is NOT intended as and should NOT be interpreted as legal advice. Rather, it is ONLY provided FOR a general discussion of legal principles. The facts you provided DO NOT provide ALL of the details necessary to FULLY and PROPERLY respond to the question you have posed. You should NOT rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the Response below, you AGREE: (i) that the opinion expressed is NOT intended to be legal advice and DOES NOT constitute legal advice to you or any person reviewing such information; and (ii) DOES NOT, create any attorney-client relationship and WILL NOT be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Reply: Without fulling reveiwing the ourchase agreement, we cannot assess your liability. However, at first glance the odds are that you are responsible for the cost. The mere fact that a doctor promised to send referrals does not relieve the liability.

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Answered on 12/19/03, 9:45 am
David Slater David P. Slater, Esq.

Re: Am I liable for this payment?

Yes you are liable unless they took the machine back.

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Answered on 12/18/03, 2:49 pm


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