Susy Solis, NBCDFW
A North Texas handyman takes his doctor to court after having to wait long after his appointment times.
Ken Fleckenstein was sick of waiting for his doctor, so he went took his case to court.
Fleckenstein said his podiatrist, Dr. Robert Taylor, did not keep his end of the bargain.
"I made an appointment and I expected to be seen at or within a few minutes of that appointed time and I wasn't," said Fleckenstien.
Fleckenstein said he went to a schedule appointment for a foot problem.
"I'm waiting back in the room and I'm thinking the doctor is going to be here any minute now, 87 minutes he finally showed up. That was the first time! The second time, I waited 51 minutes," he said.
The self-employed handyman said the time spent in the waiting room cost him time, money and customers.
"I could have been working and making a living," he said.
For his time, he sent his podiatrist an invoice for $92.
"When he balked at it, I decided to sue him," Fleckenstein said.
He sued his doctor in civil court for attorney's fees totalling $1755 plus the money for time spent waiting.
In a Collin County Civil court, Dr. Taylor admitted to double booking and sometimes triple booking patients but said emergencies always take priority. During one of the periods in which Fleckenstein was left waiting, Taylor said an elderly patient needed immediate help.
Taylor also testified he gave Fleckenstein a verbal and written apology.
Six jurors unanimously sided with the doctor. Taylor said his practice is constantly evaluating how they schedule patients but said in the medical field there is no such as a concrete appointment as there are too many variables to consider.
Fleckenstein said he would have liked to at least been informed that the doctor was running late.
"When a doctor is given his medical license to practive medicine, it does not automatically grant him the authority to steal people's time. That's what he did for me, he stole my time and he stole money out of my pocket," Fleckenstein said.
Fleckenstein can appeal the ruling.