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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102138
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am an optometrist,semi retired working 10 hours a week. I

Customer Question

I am an optometrist,semi retired working 10 hours a week. I was out of the office this AM when a woman called and wanted an appointment for her deaf daughter. My office manager said I was out of the office and she would have to call me at home which she did. I told her to call the the deaf girl's mother and tell her I would perform an eye exam for her deaf daughter. Her response was "it's too late she already called her attorney that we would not see her daughter due to deafness". What should I do now as I do not want to be fined millions of dollars by the ADA feds. ? My assistant never said we would not examine her daughter. Getting ready to retire and do not want to lose everything.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This sounds pretty much like a "set up." If you were out of the office, then you were out of the office. So someone in your situation could not see a patient be they deaf or not.

Also if they really had an attorney, then you would be hearing from her attorney shortly.

Very likely, the mother is attempting to scare you. Soon, your office will receive a call from her offering not to sue, if money is paid.

In short, this is a scam. Even if the mother that this is real, this would be a weak lawsuit because you really were out of the office and that in itself is the defense.

Someone in your situation may also wish to remind that person that your office can counter-sue for (a) defamation, (b) malicious prosecution, and (b) other related causes of action based on her lies, and ask the court for attorney/legal fees and sanctions.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!