NURSING CARE SERVICES, INC. V. DOBOS
380 So.2d 516 (1980)
NATURE OF THE CASE: This was a dispute over nursing services. Nursing (P) appealed an
order, which disallowed compensation for certain nursing services provided to Dobos (D), in
an action for contract implied at law.
FACTS: Dobbs (D) was admitted to the hospital with an abdominal aneurysm. The condition
was serious and required round the clock nursing care. That care was implemented by the
hospital calling on Nursing Care Services (P). D received two weeks in hospital care, 48
hours of post release care, and two weeks of at home care. The bill was $3,723.90. During
trial neither the reasonableness of the fee, the competency of the nurses, nor the necessity
for the services was contested. D's defense was that she had never signed a written contract
nor orally agreed to be liable for nursing services. It was undisputed that D was mentally
alert during her at home recuperation. P got a judgment for the 48-hour period only and not
the other four weeks of care. The court stated that there was no sufficient dealings with D
to make sure that she knew she would be responsible for those services rendered. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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