Baldwin Park, CA asked in Contracts and Medical Malpractice for California

Q: In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund?

In-home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for partial refund legal case?

I had an in home birth on October 15, 2022. Midwife showed up after the baby was born and was late. Asking for refund or partial discount. Total billing was $7,000 only made 3 payments for a total of $4,000.

Negligence and caused emotional distress during Postpartum and still experiencing depression. Is there a case? Midwife also blackmailed requesting for remaining 3 payments otherwise she will not submit the forms to Disability. Informed midwife that I cannot make payment because I am not receiving any income. Have not had an income since September, 2022. Most recently midwife claims EDD was backed up, but is not true because I had an OBGYN submit the forms so I can receive payment. Midwife never turned in the forms and is only demanding payment, but clearly this is a breach of contract for rendering services and not meeting her side of the bargain.

2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: You have at least two separate issues, the cost of her services and the failure to perform competently. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Eliza Jasinska and Yelena Gurevich agree with this answer

Eliza Jasinska
Eliza Jasinska
Answered
  • Medical Malpractice Lawyer
  • Costa Mesa, CA
  • Licensed in California

A: Please reach out to an attorney for legal advice. Breach of contract and medical malpractice are complex issues that should be evaluated by an attorney that handles these types of cases.

Yelena Gurevich agrees with this answer

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