Q: Is a signed patient price quote from a plastic surgeon a binding contract?
I signed a price quote for a medical procedure. It was 1/2 a page & contained a list of the procedures being quoted, the price for said procedures & the following 2 sentences: "All surgical procedures are non-refundable. This quote is valid for 30 days from the date issued." Nothing else.
6 mo. later, I decided I wanted only a portion of the originally quoted operation. I was never given a new quote, nor did I sign any other documents. I was verbally told a new price & paid the balance ($15k). Shortly thereafter I encountered issues with the doc (namely he failed to inform me of SEVERE risks associated with the surgery & I found a complaint on his wife who also is a dr at his surgery center- a patient died under her care). I canceled but they refuse to refund me.
Since I never signed an updated quote (or contract) for the procedure I was ACTUALLY scheduled to receive, can I use that to argue for a refund? What about since the quote was only valid for 30 days, but I booked 6 mo later?
A:
You signed a price quote that said it was good for 30 days, but did not schedule anything for 6 months. Then you only scheduled a part, paid a deposit of $15,000, but cancelled before surgery was done, because you decided to research the doctor after you paid your money.
So the legal analysis is: Can they have a no refund on deposit policy? There are certain restrictions on that in California, and they have to have big signs at the case registers. So, likely not. Besides, you cancelled the contract before performance, what do you get for your $15k? The did not perform any services.
Small claims only goes up to $10,000.00. Limited jurisdiction cases go to $25,000.00.
You should consult an attorney in your area to seek advice about your situation.
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