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For JD 1992 My contract with the hospital was expired. Does…

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For JD 1992 My contract with...
For JD 1992

My contract with the hospital was expired. Does this make a difference? This service provider was first contacted to provide service for another hospital owned by the same company when their equipment went down. They installed new equipment at that hospital and I believe recommended a different transcription service (who they also work with) to provide transcription services for that hospital. This segued into my hospital following suit. They had a relationship with the hospital because of my account. The part of the deal where they use the setup of my account and the information from it to to simply reroute the dictation to a different service is the part that bothers me most. They may have used this selling point to seal the deal. Nothing new needs to be done. They dictate the same way, using the same passwords. It is a very clean deal for the hospital to make the switch.
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/16/2010
Lawyer: Dwayne B., Attorney replied 8 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Were you up for renewal of the contract?
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Customer reply replied 8 years ago
My most recent contract expired in 2005.
Lawyer: Dwayne B., Attorney replied 8 years ago
I must be missing something. Have you been doing any work for the hospital since 2005? Were you trying to renew the contract?
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Customer reply replied 8 years ago
I have provided all of the transcription for the hospital up to July 1, 2010. We had just continued under the terms of the prior contract. This was probably a lack of good judgment on my part. I felt that the contract wouldn't really help me if they decided to leave, as they could just start sending their work bit by bit elsewhere I would just see the workload drop off gradually. Is the issue the contract? Does the company who is rerouting my account to another account have any ethical responsibility towards me since they had access to much of my business information through their account with me. They could access it through their computer. They knew how many people I had working (only me since my husband was laid off). They knew how long my turnaround time was. They also had been neglecting my account when I had problems with the dictation equipment (not answering e-mails for more than a week and then not getting the problem resolved), which ultimately reflected poorly on me.
Lawyer: Dwayne B., Attorney replied 8 years ago
The company does still have an ethical duty to you, but it may, and note I say may, knock out one cause of action. The tortious interference with a contractual relationship may still be valid by arguing you were working under an oral contract.

There would still be a cause of action for a breach of contract/warranty against the company but you will need to be able to prove they used your information to get the work.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer reply replied 8 years ago
In your opinion is this worth pursuing? What kind of fee can I reasonably expect to pay an attorney? I understand the statute of limitations is approximately four years. If I wait I can better afford the attorney, but would it be better to pursue action now?
Lawyer: Dwayne B., Attorney replied 8 years ago
Your statute of limitations on the tort action is probably two years. My guess is an attorney is going to want at least a $5000 retainer because the case is going to take some up front discovery work. I'd say you are better off pursuing the action now, but that's just because the evidence might not exist farther down the line.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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Customer reply replied 8 years ago
If you were the attorney I approached with this issue, would you encourage me to pursue this because you thought I would have a positive outcome, or would you send me on my way? Last question -- I promise.

Thanks for your help. This is a very stressful time for me.
Lawyer: Dwayne B., Attorney replied 8 years ago
I think you may have a viable case, but it would depend on what the discovery showed. If you can't develop that they used your info in any way then you're wasting your time and money. If you can then you will probably win.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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