Legal Question in Health Care Law in Montana

loss of personal property

a home health care worker threw away a pair of braces belonging to my son. she admitted to this and filled out an incident report to her employer.they say they will not pay to replace the braces.the braces cost $400 mt son recieved cuts and bruses to his feet during the time he did not have his braces. can we recover the cost of the braces?


Asked on 8/17/01, 11:33 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: loss of personal property

Insurance companies and companies like this one frequently have to be inspired to do the right thing, and frequently that means a call from an attorney. However, if the amount in question is only $400, you may be better off simply going down to the County Courthouse and suing in Small Claims Court.

Yes, they are liable, and yes, they have to pay. The negligence of their employee was the cause in fact of your loss.

Good luck

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Answered on 8/20/01, 1:35 pm


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