Legal Question in Consumer Law in Massachusetts

Are contracts for medical servcices assignable without explicit language in the contract to that effect?

I had a contract with a doctor, to perform services for approximately 3 years. With about two months left to the contract, the doctor's office closed. About one month later, the doctor retired and sold my contract to another doctor, without prior notice or permission from me.

The new doctor had originally stated that he would accept all terms that were in effect with the original doctor, including whatever "financial arrangements" had been made.

However, he refused to accept insurance coverage from us, despite the fact that he accepted the same insurance plan from other patients that were transferred from the original doctor.

I question whether this contract was assignable in the manner that it was, without our permission.

In any case, since the contract was transferred, I believe that the new doctor should abide by all of the terms of our original contract with regard to insurance coverage.

The original doctor did accept the insurance plan we obtained, which was one factor in my deciding to purchase the insurance. Had the original doctor not closed his office prior to the end of our contract with him, I would have been able to utilize my insurance for the last two months of service.

The new doctor argues that he is not required to accept my insurance, because it was not in effect when he purchased my contract. However, the insurance was in effect prior to the original doctor's retirement, but I was unable to make a claim on it because it went into effect during the period when the original doctor's office was closed, but before the contract was sold.

Further, the new doctor did accept the same insurance plan from other patients that were transferred from the original doctor. When I questioned him on this, he stated that it was "too much work" to process our claim at this point in the treatment process, and that if we did not want to pay him directly, he did not want to perform the services.

As a result of this, I was forced to find a new doctor. It was difficult to find another doctor to take over the case with only a month of treatment left. A doctor was finally located who would accept the case, but he required about 10 more months of treatment, at an out-of-pocket cost of over $1,500.

I believe the the doctor who purchased my contract should have accepted our insurance policy, and that his failure to do so was a breach of contract.

Therefore, I believe that he is liable for the $1,500 additional cost inccurred by me, and is also liable for compensation for the extra 10 months of treatment required, since, had he performed under the terms of the original contract, only one more month of treatment would have been required.

Thanks in advance for your opinion!

2 Answers from Attorneys

Related Questions & Answers

More Consumer Law questions and answers in Massachusetts

Looking for something else?