My hearing aids were ruined during an MRI procedure. Before my MRI, I filled out a survey indicating that I was wearing hearing aids. The technician allowed me to enter the screening room and lie on the scanning table while I was wearing my hearings aids. This is against MRI industry safety standard recomendations. My hearing aids were ruined and I had to purchase new hearing aids the next day. The medical facility wants to use the pro rata method to determine the value of my old hearing aids (25%) instead of paying the full replacement cost. Am I entitled to full compesation?
2007-02-26 08:37:21 · 4 answers · asked by ANDREW M 1 in Politics & Government ➔ Law & Ethics
I cannot provide you legal advice, but it sounds like these guys are trying to low-ball you. In the case of negligence, the party committing the negligence is obligated to put you back to the condition that you were in but for their negligent act. 1/4 of the replacement cost isn't going to get you there. Check to see what the small claims court limit is in your jurisdiction, if they continue to refuse to provide full replacement cost, that may be your best option. Tell these idiots that they are lucky that fried hearing aids is ALL that happened under the circumstances . . . .
2007-03-04 17:32:29 · answer #1 · answered by LetThemHearFoundation 3 · 0⤊ 0⤋
yes - how much is the cost of replacing the hearing aids. If under $2k then in massachusetts you can file a small claims action at the local district court and seek payment that way. You do not even need an attorney. small claims actions in mass. are designed for people who want resolution without hiring an attorney, in other words "self-serve."
The attorney general's office of your state will usually have a consumer protection department where you can file a complaint and request action. Even the better business bureau of your state can help.
Call a lawyer in your county/state. Most of us will give some free info over the phone to point you in the right direction.
2007-03-06 15:24:39 · answer #2 · answered by Lynn T 2 · 0⤊ 0⤋
No. The fair way to settle a property damage claim is to determine the replacement cost, then make an appropriate deduction for depreciation, based on age and condition of the item.
If you owned a 1985 Chevrolet and it got totaled in an auto accident. You could not expect the insurance company to pay you to replace it with a 2007 Chevrolet.
2007-02-26 16:43:11 · answer #3 · answered by regerugged 7 · 0⤊ 0⤋
Yes, I agree.
2007-02-26 16:45:22 · answer #4 · answered by Akbar B 6 · 0⤊ 0⤋