Myron, who did not have medical insurance, was brought to the emergency room unc

Question

Myron, who did not have medical insurance, was brought to the emergency room unconscious. The ER physicians determined that he needed a pacemaker surgically implanted in order to save his life. A cardiac surgeon successfully performed the surgery. One month later, Myron received a bill for $30,000. He refused to pay the bill. Myron argued that there was no enforceable contract because of UCC Statute of Frauds.

Is there an enforceable contract?

Does the UCC apply to this transaction?

Does the Statute of Frauds bar enforcement?

Is there an implied contract under common law?

Does the equitable remedy of quasi-contract apply?

Explanation / Answer

The UCC only applies to the sale of goods. A surgeon's work is considered medical services not a sale of goods, therefore UCC don’t apply.

1. There was no enforceable contract because there is not offer and acceptance.

2. No as explained above.

3. No because none of the requirements for Statute of Frauds is satisfied here.

4. Yes, Generally court would rule in favour of hospitals if there is an emergency situation and the patient is unconscious and they would die in absence the service.

5. Yes, because if Myron was conscious, there would have been a contract. Then he would have two options either accept the contract or die and any reasonable person wouldn’t want to die.

I hope this will help. Good Luck.

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