Tulsa, OK asked in Health Care Law and Small Claims for Texas

Q: Can I get my money back from a false-advertising therapist who started charging me but then realized he couldn't see me?

I recently started seeing a therapist who does not take my insurance. I opted to pay out of pocket because his company website advertised that he was a certified specialist regarding a specific issue I am facing. However, not only did I discover that he was not a certified specialist, but also that he cannot see patients with Medicaid, and Medicaid patients are limited to Medicaid providers. I was unaware of this, as this is my first-time using Medicaid.

I have already spent almost $500 for the new patient workup and first therapy session before I was made aware that this therapist could not see me as his patient. What can I do in this situation? Is this the therapist's fault for taking me in and charging me before telling me he can't see Medicaid patients? What is the recommended legal course of action?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: You can always ask for a refund. You may be able to successfully sue the therapist in JP court for the $500. But it's only $500.

If it was me, I would write a letter requesting a refund. I would enclose a copy of a screenshot from the therapist's website where in advertises that he was a certified specialist regarding the specific issue and detail how you discovered he was not, in fact, certified. I would also indicate that you told his office at the outset that your insurance was Medicaid before scheduling, and his office staff should have told you he is not a Medicaid provider.

But, if the therapist didn't refund me the money, I would not be willing to sacrifice the time and effort to pursue a small claims case in JP court for such a small amount of money.

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