Pursuing A Breach Of Contract Lawsuit Against A Medical Provider For Flu Shots

Businesses often create contracts with medical providers for a variety of services, such as yearly flu shots. These help to protect a business from excessive leave time but can be worthless if the provider breaches contract by failing to give the shots. Lawsuits may be necessary in this situation.

A Breach Of Contract May Impact Your Success

A contract with a medical provider is often necessary for businesses that want to protect their employees from health problems. For example, getting flu shots from the same medical provider every year ensures a continuum of care that keeps your patients safe from this disease.

However, a breach of contract by the medical provider could expose your employees to a variety of diseases and cause many of them to take sick leave. This situation can be costly monetarily and wouldn't have happened if the medical provider did not breach your contract.

Specific Circumstances Define Breach Of Contract

A breach of contract occurs if it meets four criteria including legal validity, the occurrence of a real breach of contract, notification to the party before pursuing a lawsuit, and no breaching activities by the party pursuing the lawsuit.

For example, if your medical provider failed to provide flu shots and you notified them of a possible lawsuit and gave them a chance to provide shots – and they did not comply – a lawsuit is possible. However, the third point – your breaching actions – may make this harder than you might think.

Liability Is Based On Circumstances

While a breach of contract lawsuit against a medical provider might seem pretty easy to prove, there are circumstances that may complicate liability. For example, the provider may not be liable if you did something that made it impossible for them to fulfill their contract.

For example, if you have a contract with a medical provider to give your employees flu shots, they will be unable to perform their duty if you don't provide them money for the flu shots. You, too, have to follow the guidelines of a contract and if you breached them in any way, the medical provider is not going to be considered liable because you broke the contract first.

So if you are struggling to pursue this type of lawsuit and want to ensure that you don't make any serious mistakes, please don't hesitate to contact a commercial litigation lawyer. They can help you better understand this situation and ensure that you win this type of lawsuit.