Legal Question in Consumer Law in New Jersey

waiting !

Physicians now charge for appointments not kept. Does the consumer have any such recource against a vendor who promises to arrive for a service call and does not make it? I'm not speaking of being a little late--I mean the ''window'' is sometime between 8 and noon and they still don't arrive. Is my time worth anything legally?


Asked on 6/20/05, 7:48 am

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: waiting !

Concievably, but not likely to be successful. Unless there is a contract for performance, then it is difficult to jsutify such charges. The same is true for doctors. I have never seen a doctor successfully litigate this issue. I think that htreason they do it, is becuase they can. If you fight the doc, will he still treat you? Legally, they have to show a reliance and a detriment and that such realiance was reasonable for an implied contract. On the other hand, if you ahve been o the doctor 10 times, seen his sign and it tells you this and you still treat, then you may have impliedly agreed to the charge. Sorry, but I think that you don't have a leg to stnad on unless there was a written guarantee or some sort of representation in writing.

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Answered on 6/20/05, 8:24 am


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