I agree with the plaintiff that it should be paid. Doctors put specimens in those ubiquitous "Unilab" boxes and asked Unilab to give 'em results. Unilab did so. Unilab should be paid. Whether that's a contract, or implied contract, or quantum meruit, or whatever, Unilab should be paid.
But I also agree with the Court of Appeal. Unilab shouldn't be paid by the IPA -- the independent physician's association. For the reasons expressed in Justice Epstein's opinion.
But I'd also reiterate that Unilab should be paid. If Unilab sued the doctors themselves, in my view, I would likely find for Unilab. The doctors erroneously placed the specimens in the Unilab box. And Unilab had not reason to know this was by accident. To the tune of six figures in laboratory results.
That's a pretty good lawsuit, in my opinion.
But you've got to sue the actual doctors who committed the error, not the IPA.
