Legal Question in Credit and Debt Law in Missouri

I went to a podiatrist, who thought I might have drop foot. He sent me to a neurologist, and ordered a plastic cast like device so I could get around for a cruise that was planned. When I went in, the assistant tried to try it on me, and my leg wouldn't fit in it. It also made me lean so forward, the doctor was afraid I was going to fall forward when I stood up. They took pictures to send it back to the company they ordered it from, and the doctor shows me a different kind of device that might work. I called and spoke with a member of the office staff the next day, and said don't send it back to have it refitted, is not going to work. They sent it back anyway, and billed me for it. I do not have the device. Am I liable for this?


Asked on 9/28/10, 5:38 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Contracts for medical treatment are like most other service contracts, with some exceptions. You go to the doctor to resolve a problem (foot issues) and they say �let�s try this device.� Device does not fit, so will not solve foot problem, so you did not get the service you sought (resolve problem) In this way, it is like taking your car to a mechanic, bu the brakes they try to put on are the wrong size. You would not ow for the brakes. But, this is where medical service is different. You are not guaranteed resolution of your problem, just reasonable steps toward that goal. If it was medically reasonable to try this device, you may owe for it, even if it did not resolve the foot problem. This is probably more likely if the device is altered sot that it does fit your leg., even if it does not resolve the foot problem.

Your approach should be that you came to get foot fixed, and not to try out devices. If they cannot get it altered to where it will fit properly, then you never had the treatment that the device supposedly offered, and you do not owe for the device or the doctor�s time in trying it out. This should force the doctor to put more concentration into resolving the issue and not allow fo anymore unnecessary delays. Or the doctor may drop you as a patient freeing you to find another. The device manufacturer or seller/dealer will be wanting to get paid, if they alter the device, or cannot reuse the one that you tried on. Your approach should be that it belongs to the doctor until it fits you, and only the doctor is liable to the manufacturer or dealer till then.

Good luck

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Answered on 10/04/10, 9:58 am


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