Legal Question in Health Care Law in Missouri

How Do I Fight a Missed Appointment Bill

Recently I found out that a doctor I am no longer seeing charged me $100 for a missed appointment and turned it into collection agency which is now effecting my credit. I want to fight this because I was never notified verbally or in writing that any sort of fee would be charged if I missed an appointment. The office did not call to remind me of the appointment. The doctor is also trying to charge the full amount that she would have recieved from the insurance company as well as my co-pay. What are the steps I need to take to get this charge removed from my credit?

Asked on 6/30/05, 7:51 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: How Do I Fight a Missed Appointment Bill

I assume the incident happened in Missouri. If that is not the case, then what follows may be different for where you live.

Unless you signed a contract with the physician to authorize this billing, it is clearly unjust enrichment to be paid for something you did not do. All doctors offices schedule patients who do not appear. That is how they are able to "work people in."

Tell your doctor this violates section 407.020 of the Revised statutes because it was not disclosed in writing and agreed to prior to services being rendered, that it is unconscionable, and that if they do not immediately retract the bill you'll be forced to sue her in small claims court for a violation of 407.020.

If you need a lawyer to write the letter, I would be happy to do that for you.

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Answered on 6/30/05, 8:31 am

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