Legal Question in Medical Malpractice in Michigan

I recently had a baby in April. In March I was given a prescription for a double electric breast pump that I had called and verified with my insurance company that I would be able to get a free one. I gave it to a medical supply company in Marshall, MI. They told me they were currently on backorder, but they should get it within a month's time. I was upset, because I needed one very soon, but I knew there was nothing I could do. In April, after having my baby, I called them, they said they were still waiting and that they'd call. They also informed me if I tried anywhere else I'd get the same result and if I tried to call the insurance company to try to get one directly from them, they would tell me I had to use a medical supply company. I called again in May and had the same response. Since then, I have stopped lactating but since my son tried to latch today, I was thinking about relactating. I called them AGAIN, and they stated that they lost the contract with Medela the pump providers, and that I needed to contact the insurance company, which they said I couldn't do in the first place. I feel like I lost my chance at breast feeding my child because of this medical supply company, and Medela. Is there any legal recourse from these actions?

Asked on 7/18/13, 12:21 pm

1 Answer from Attorneys

William Stern William Stern, P.C.

I don't see any case against the supply company. They had no contract with you. Also, there was no legal duty to supply the pump to you. Also, I guarantee you that there were other sources for the pump. I'd have to see your policy but chances are you could have secured the pump elsewhere and obtained reimbursement from the insurance company. You'd be hard pressed to convince a jury or judge that you lost the chance to breast feed due to the inability to get this particular pump from this particular supplier.

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Answered on 7/18/13, 1:50 pm

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