small claim against doctor office

[hillaryc]

Jurisdiction

Vermont

Am i able to sue for the copay, based on an office visit that was inadequate? The doctor did not get a history of my treatment and then prescribed what turns out to be a very dangerous medication without going over the risks. Alternatives not discussed, even though they wrote this in the notes. Even though I was there, the doctor's office did not do an adequate job and was negligent in disclosing dangers of the treatement, and not alternatives given.

Can I sue in small claims, and if so what is the legal argument?

 

[adjusterjack]

Your ability to sue has nothing to do with your chance of winning, which is zero.

Unless you were medically injured you have no malpractice claim.

You might have a breach of contract claim if you can show that you had a contract with the doctor to do X in exchange for your money and he didn't do X.

Unfortunately, that's not how medical treatment works.

If you were going to sue it would have to be for the full cost of the visit, not just the copay, and you would have to reimburse your insurance company in the unlikely event that you won.

On the other hand, small claims court is cheap and informal. If you want to give it a shot, that's up to you.

 

[txls]

The fee to file in small claims court will probably be more than the amount of the copay.