Nursing Care Services, Inc. v. Dobos

380 So.2d 516 (1980)

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Nature of the Case

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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.