Legal Question in Business Law in Maryland

I work at an orthodontic office. We did treatment on a child without a written contract. (the day he was to start treatment we didn't due to poor oral hygiene so paperwork was moved to a different appointment, then it was missed:( When we took the braces off is when we realized that no payment was received. No paperwork signed, but treatment completed. Parents won't pay. Without signed paperwork can we take to court?


Asked on 12/16/11, 5:19 am

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

I am not licensed in Maryland, therefore I can only speak in general terms.

There may be an implied contract for services even though there wasn't a written agreement. If the child and parents were told that this wasn't performed as a pro bono case, then I think you may have a case to recover. It may be a case where you can recover pro tanto to the amount of the loss or the whole amount.

Good luck.

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Answered on 12/16/11, 5:26 am
Dipo Akin-Deko Akin-Deko Professional Services Firm PLLC

Patrick is correct. Generally there are only a handful of contracts that must be in writing. Putting it in writing makes it easier to prove later on but in your situation you can argue there was a contract or an implied in fact contract based on the conduct of the parents. Unless you were doing pro bono then you can still take them to court.

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Answered on 12/16/11, 5:39 am


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