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Brent's Law

Nancy J. Brent, RN, MS, JD received her Juris Doctor from Loyola University Chicago School of Law and concentrates her own solo law practice in health law and legal representation, consultation, and education for health care professionals, school of nursing faculty, and health care delivery facilities.

Brent has conducted many seminars on legal issues in nursing and health care delivery across the country and has published extensively in the area of law and nursing practice.


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The psychiatrist I work for owes me $17,000 and refuses to pay. Can I sue him?
Tuesday October 7, 2008
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Question:

Dear Nancy,

I am a psych nurse practitioner. I have worked for a psychiatrist for two years. He promised to pay $35 per patient for initial evaluation and $12 per patient for follow up and medication management. He owes me $17,000 and told me he will not pay. Can I have legal advice? Will I be able to sue him?

Martha



Nancy Brent replies:

Dear Martha,

You did not include whether the “promise” between you and the psychiatrist was an oral or a written one. Hopefully, you and the psychiatrist entered into a written contract whereby this (as well as other aspects of your professional working relationship) was spelled out. When an agreement is reduced to a written contract, the intentions of the parties, their obligations, and what is to occur if the terms of the contract are not met is easier to enforce.

Oral agreements or contracts are also enforceable. However, the proof required to determine the intentions of the parties and other necessary issues is more difficult.

It would be important for you to seek the advice of a nurse attorney or attorney in your state who works with nurse practitioners and has experience in contract law. In preparation for your consultation with the attorney, you may want to purchase the text Nurse Practitioner: Business Practice and Legal Guide, by Carolyn Buppert, MSN, JD, APN. This text would be helpful not only in your current situation but also as a reference for your future practice.

There are many possible options for you to obtain the money you say is due you. The attorney can determine the best way to do so, taking into account other factors, as well (e.g., the reason for the psychiatrist’s refusal to pay, how long this amount has been outstanding without a previous payment to you, your state’s law concerning contracts, and so on).

Cordially,
Nancy



Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.



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