Legal Question in Credit and Debt Law in Massachusetts

Re: Medical cancellation fee

That's an excellent question and I wish I could give you a definitive answer.

First, did you ever sign a contract with this office? Ask them nicely for a copy of it (and avoid saying why you're asking, I guess) and see. You probably agreed to pay such a fee if you cancel with under xx hours / days notice. That could be your answer. If you signed no contract, I think you owe no fee. (But don't expect them to resuscitate you when your heart stops beating -- or to give you another appointment!)

Are you under an insurance plan? Your agreement with the insurer might have you committed to paying a fee for missed appointments, too.

But there's a "general" rule of law which conflicts with the contract clause. As a general rule, you can't be required to pay when you didn't receive anything of value. Obviously an empty time slot is valuable to the doctor, but you didn't get anything. However, there's a kind-of exception to that rule (called reasonable detrimental reliance) that says that if the doctor did something (like turn away another patient) that cost him money because he expected you to be there, then he gets his payment, but not necessarily the contract price, more likely the value (quantum meruit). Value of what? That's the question. He obviously would have a hard time proving you got anything of value. It's tricky stuff.

That's all well and good in theory. There are practical aspects. You might still want to be able to use this doctor and thus want to pay. Also, whatever the charge for a missed appointment, it's a heck of a lot less than what it would cost either party to go to Court. Doctors have a slight advantage there because the doctor MIGHT have a collection service already, which means lawyers already in court for other collection matters will just cover this one also and it doesn't really cost him so much, but you'd have to take a day out of work, or half a day anyway.

Good luck.