can a medical specialist charge a fee for a service not rendered

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can a medical specialist charge a fee for a service not rendered

The urologist performed a kidney stone operation on a patient. He called the patient in two weeks after the op for a consultation to discuss the results of the sample of kidney stone sent to the lab. At the ‘consultation, the doctor advised that they were not in receipt of the lab results. No examination was conducted on the patient either. He called the lab to enquire about the results but was told that they did not receive a sample. Doctor did not send or authorize the nurses to send the sample for testing. Doctor is now claiming the consultation fee together with the interest thereon. Please advise if there is recourse for the patient.

Asked on February 12, 2018 under Malpractice Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, no one can charge you for services without rendering the service: it is "breach of contract" to not do what was agreed (what you were told they were doing; i.e. the reason you were having the service), and when the service provider violates or breaches the contract/agreement by not performing, they are not entitled to pay.
That's the law. Whether as a practical matter, it is better to refuse to pay and possibly be sued or put through collections vs. simply paying and moving on with your life, that is something you decide for yourself.


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