Patient Vs Caregiver Small Claims Judgement

[growmanjarod1]

    monroe county small claims court judgement (case number 13m1631sc) rules in favor of patient. said patient sued said caregiver today for reimbursment of money spent on meds while caregiver was supposed to supply them free of charge as per they're agreement. the amount was $5000. after court proceedings the plaintiff/patient was only awarded $1200. at the very least this shows that patients are protected by the law. at most it showed that our judical system is not as educated as they need to be on all aspects of medical marijuana including patient/CAREGIVER relationships and what caregivers are obligated to do when they become caregivers. too many patients are just excepting what they're caregiver tells them and supplies them because they dont think they can do anything but walk away from they're agreement if not satisfied. this is the how they create they're own problem "caregivers ripping off patients." as stated by law caregiver services are subordinate of the patient.this means patients should be making the demands in an agreement. if your not happy with your caregiver dont role over and take it. your  protected more than u know. just do a little research and dont expect anything if ur situation makes it to court. the magistrate (honorable? leslie j. nearpass) seemed to know less about about the laws than anyone else in the room. i suggest he read up on his laws a little more before seeing a case where his questioning seemed more like he was seeking legal advice from the witnesses in this case. it is not our job to educate our judicial system, it's theyre job to interpret that law. the plaintiff, a golf war era disabled veteren, feels that even though he won judgement, is not happy with the amount . he is considering appealing the judgement himself, not only for a fair judgement, but also to increase awareness that you are protected by law if you feel your caregiver is wrongfully taking advantage of you.

[CaveatLector]

What part of the MMA are you suggesting was relevant to the case?  Seems like it was purely a contract claim.  You need not know anything about the MMA to decide a contract matter.  Other than, of course, that possession and compensation are both allowed under the law.

[GregS]

It is a tort, and has no criminal bearing.

[thecannabiskid]

This is what change forms are for.. and they work both ways.

[thecannabiskid]

maybe they dont.. anyone ever dropped a patient?

[GregS]

maybe they dont.. anyone ever dropped a patient?

Yup.

[GregS]

Didn't use a change form. Hardcopy letter is the way to go.

[OG Fire Beaster]

Could the Cg have used the MMMA as a defense?

[GregS]

Could the Cg have used the MMMA as a defense?

No.

[ozzrokk]

It would all come down to the AGREEMENT between the pt and the cg. I am sure said agreement would have to be in writing to prove and be awarded anything. Purely a contract issue and really nothing to do with the MMMA

 

Edited to add that patients have always had a right to lead in their demands. Same as a caregiver. And either side also has the right to not come into an agreement. Nothing is set in stone and it is all up to whatever the pt and cg agree to.

Edited April 16, 2013 by ozzrokk

[Kingdiamond]

Another case of a caregiver biting off more than they can chew I'm sure once this guy realized the cost of growing that is the reason they balked at the free medicine agreement.

 

 Patients also need to assist in the costs if not they are guilty of using the caregivers service without reimbursement I'm sure they had some sort of written agreement that led to the judgment but understand this I'm not running a charity and I am not getting any assistance from the state to grow for free so patients expecting me to foot the bill for their medicine is a fantasy and very unrealistic .

[pic book]

maybe they dont.. anyone ever dropped a patient?

Four of them in 2.5 years, works fine, and been dropped by three.  But the forms have recently been revised, don't know, it may have become harder.

[Celliach]

One more horror story built around free medicine.

 

....and people have derided me for suggesting that CGs and PTs use contracts.

[Celliach]

Four of them in 2.5 years, works fine, and been dropped by three.  But the forms have recently been revised, don't know, it may have become harder.

 

I have yet to change PTs except for one person that moved out of state to California for college.  My first PT, that I signed up in March 2009, is still with me.  Of course, I'm careful about who I take on.

[SFC]

HAve only ever lost one, my Father, to death. .  That being said caregivers are not indentured servants. They are regular people, to expect that you can make outrageous demands of anyone like that is sickening.  

[peanutbutter]

HAve only ever lost one, my Father, to death. .  That being said caregivers are not indentured servants. They are regular people, to expect that you can make outrageous demands of anyone like that is sickening.  

 

Cool .. nice to see we can agree on something.

[SFC]

Wouldn't be the first time old chap..

[phaquetoo]

Another case of a caregiver biting off more than they can chew I'm sure once this guy realized the cost of growing that is the reason they balked at the free medicine agreement.

 

 Patients also need to assist in the costs if not they are guilty of using the caregivers service without reimbursement I'm sure they had some sort of written agreement that led to the judgment but understand this I'm not running a charity and I am not getting any assistance from the state to grow for free so patients expecting me to foot the bill for their medicine is a fantasy and very unrealistic .

That is one of the best reasons I can think of to get a written agreement between the c.g and pt, that way both are covered,

 

I mean the pt could have just sent in change forms and been done with it, it apears the pt couldnt find the same deal they had with this c.g so they wanted a judge to tell the c.g he had to give em free meds? bawahahahahaha!

 

My first c.g got me at first, but im a patient person, I just waited for my chance and pounced, and leo or judge judy had nothing to do with it!

 

Im a pt/c.g i dont make promises I cant keep! another reason for me to also have a c.g! capiche?

 

 

Peace

Jim