Large Fees and How to Get Them: A book for the private use of physiciansHarmon, Albert V.
Science
Large Fees and How to Get Them: A book for the private use of physicians
Harmon, Albert V.
Medical fees
There are times when as explained in Chapter X, the
full fee cannot be obtained in cash on the spot. When
this occurs the only way out of the difficulty is to get
the patient to sign a note. But never, when it can be
avoided, allow the note to be made payable to yourself.
Draw it to the order of the patient and have him endorse
it. Also make it payable at a bank, the name of which
is specified. This makes it negotiable and, if the financial
standing of the maker is satisfactory, it will be
readily discounted wherever he is known.
It is comparatively easy for the maker of a note payable
to the order of a second party to evade payment,
or at least greatly delay it, on the plea of “no value received.”
It becomes doubly so in cases where the note
is drawn in favor of a physician, or the maker lives in
another state. When this occurs, and it cannot be
shown that the paper has passed into the possession of
an innocent holder for a bona fide consideration in the
172ordinary course of business, there will be trouble in collecting
on it should the maker repudiate the obligation.
In such event collection, if made at all, must be enforced
through the medium of a law suit. This necessitates
service on the maker. If he can be found within
the limits of the state in which the note was signed he
can be sued there, but, as a general thing, this is a forlorn
hope. As a general thing it necessitates a court
action in the state where the maker resides, and this
means a hearing before a jury of his own neighbors. In
such cases a non-resident claimant has small chance of
winning, no matter how just his claim may be. And
this chance is still further reduced if he is a physician.
Residents of other states do not look with favor upon
non-resident doctors. Not only this, but as a general
thing they think it their duty to assist a neighbor in
evading payment of an obligation to a doctor who is not
one of them.
Notes drawn in the manner described—made payable
to the order of the signer and endorsed by him—are not
so easily repudiated. In short the burden of proof,
should a contest be made, is not on the holder but on the
maker. When such a note passes into the possession of
a third party the only question about collection is as to
the financial worth of the signer. Under this latter condition
notes of this kind are iron-clad.
When suit is brought on a note made to the order of
a physician, and the plea raised of “no value received,”
the holder must prove that full value was given and this
is not always easy to do in cases of medical treatment.
The patient may have been absolutely cured but, if he
173chooses to perjure himself and deny it who is going to
prove the contrary? It will be invariably held that no
one is so competent to judge of improvement, or lack of
improvement, as the patient himself.
Public-domain text, read in full here on John Shaqi.
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