Legal Question in Medical Malpractice in Florida

homecare respiratory therapist

I am a Respiratory Therapist and was working for a ''man'' Who decided to open his own medical equipment/Respiratory company.{He has no prior knowledge about Respiratory Therapy,Oxygen or even Medical knowledge}. I worked for him for two years, the patients were going without, because he didn't see any reason to service them. I left for various reasons. Since I left, I have started my own medical respiratory therapy company. A few of his patients, decided on their own will to go with me. They were not cohersed in any way by me or my co-owners of the company. Does he have any right to take me to court after finding out a few of his patients have switched companies, to my company, at their{the patients request}. Patients do have a choice of the company they use for their respiratory needs. Is there anything he can do to me? I did not sign a NO COMPETE AGREEMENT WITH HIM!!! Thank you for your time in this matter.


Asked on 9/25/02, 7:49 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: homecare respiratory therapist

Anyone can prepare and file a lawsuit against anyone else, so he may attempt to do so, but based on the facts you have provided, such a lawsuit would be a loser and, in fact, you would conceivably be entitled to recover any attorney's fees and expenses incurred in defending such a frivilous suit. Since you did not sign any non-compete agreement (restrictive covenant), he has no viable legal basis to limit your ability to earn a living in the same business he is involved with. Also, since the time that Lincoln signed the Emancipation Proclamation indentured servitude has been abolished in these United States so you are not owned by your former employer, and you are free to start your own business and compete in the marketplace, which is obviously at the heart of our free market economy. If your former employer decides to flex his weak legal muscles in an effort to scare you into submission, please feel free to call my office (305-445-0937) as I am experienced in handling these types of disputes. Good luck with your new business.

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Answered on 9/26/02, 10:39 am
David Slater David P. Slater, Esq.

Re: homecare respiratory therapist

Unless he had these customers under contract since there is no restrictive covenant involved he cannot do anything. Good luck in your new business. If I can be of legal help to you in the future please contact me.

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Answered on 9/25/02, 8:02 pm


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