Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Thank you for your patience. After searching for any case law on the subject, I was not able to find any support in Nevada law that an "appointment" constitutes a contract, but rather a situation where contractual services will take place (i.e. the checkup, procedure, etc...) An appointment card would not constitute a written contract (unless it specified the specific services to be performed, in exchange for an amount of money, on a specific date, signed by the party to be charged (that is, the doctor).
(those are the elements of a contract)
If it did not have all of those elements, then it would merely be evidence of when the agreed appointment was, rather than a contract in and of itself.
Now it's possible that an appointment could be a contract.
Thank you Scotty. Case - my wife and I traveled from Prescott, Arizona to Las Vegas, Nevada for a confrimed Dr. Appointment. (Appointment Card) Upon arival was told Dr. was on vacation. Incurred $800.00 in expenses. Made settlement offer which was rejected and told that Nevada Law does not recognize Appointment Cards as enforeable contracts and if I pursue claim Dr. will file Abuse of process Counterclaim.
But the agreement would have to be for that time, rather than the procedure / checkup / physical / etc... That is,
Wow. I am sorry to hear that.
The doctor probably would be in the right, to be entirely honest, since this would not be a "contract" unless you specifically bargained for the time, rather than the procedure.
Now I would absolutely file a complaint with the NV Medical Board.
One moment please...
Here's a complaint that you can use to file with the Nevada Board of Medical Examiners: http://www.medboard.nv.gov/Forms/Complaint_Interactive.pdf
Another thing that I would do is fill out the complaint, but don't sent it in yet. Send a copy to the doctor, saying that you're going to file this with the board if they don't "make you whole".
Doctors hate complaints, as it goes against their records, and could, potentially lead to them losing their license.
Unfortunately I think you are correct. Yes, will file with the Nevada Medical Board. It is truly unfortunate in that in this situation the Dr. we were to se was treating my wife for Stage IV Emphysema and in the previous visit gave her a drug that made her very sick. This was to be a regularly scheduled followup appointment. Not only was the Dr on vacation but the practice never advised us that they had moved thier offices so when we arrived at the place and time, the office as dark.
Now when I say the doctor would be "in the right", that does NOT mean I think that what he did was right, but rather that a lawsuit by you based on a breach of contract theory could be determined to be an abuse of process. That's what I mean by that...
Being right and proving right are mutually excvlusive.
I completely understand.
Again, I thank you and agree with yur legal analysis.
And like I tell people all the time, "justice" and the "law" rarely actually meet.
.My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
Again thank you.
You're welcome, and again, good luck to you!
Morning Scott.FYI I am an AZ Certified Legal Document Preparer with a Masters Degree and Law Degree. Retired from the profession many years ago. I am quite familiar with many aspects of civil litigation but some are above my pay grade. My current practice is mostly civil litigation documents among which are Garnishment of Wages and Earnings.There will from time to time be questions I cannot Answer and will most certainly really on your expertise. Thanks for all your help.