Can I pursue small claims court? 2 Answers as of April 26, 2012

I took my son to an Occupational Therapist for an evaluation, which I was expected to pay up front for the service. I did not feel that the therapist acted in a professional manner with my son during the evaluation, and then she did not follow through with the written report as promised. She called me to tell me that she had not written the report due to problems with her boyfriend, and a vacation she was taking. I sent her an email asking for a reimbursement of the fee. She then emailed the report back to me and asked for more money to write treatment goals. Many of the details in the report were incorrect, or copied directly from reports from other professionals who have evaluated my son. Do I have any legal recourse to get the money back. I was thinking of small claims court.

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Law Office of Russell D. Gray, PC
Law Office of Russell D. Gray, PC | Russell D. Gray
What you're talking about is a malpractice claim. If it's medical malpractice you can't file in small claims court. If it isn't medical malpractice (although I'm not sure what else it would be) you would still have a difficult time proving you were owed any money, especially where a report was actually created as agreed.
Answer Applies to: Utah
Replied: 4/26/2012
Pearson, Butler, & Carson, PLLC
Pearson, Butler, & Carson, PLLC | Matthew R. Kober
This appears to be a contract issue. The main issue will be whether they fulfilled the terms of the contract and whether there was any sort of guarantee as to your satisfaction with the report. The contract would dictate whether treatment goals should have been included in the original report, etc. Small claims is a good forum in which to vindicate claims up to a maximum of $10,000.00.
Answer Applies to: Utah
Replied: 4/26/2012
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