Q: Can a surgeon change a price to a signed contract that is paid in full?
I have signed a contract and paid in full for a surgery. The surgery got delayed by a 3+ months because of medical issues and decisions made by the surgeon.
The contract is very light and has no provisions or contingencies for delays or really anything, including nothing about price changes. It's clear the surgeon wrote the contract and not a lawyer.
The surgeon now wants to increase the price of my surgery.
I'd like to know what actions on his behalf would be considered slam dunk very illegal, with regards to increasing the price.
I'd like to know if I could get my money back and back out of the surgery because of this behaviour, as well as sue for anything.
What type of lawyer should I seek out to help with this issue?
If I continued with him after he asks for more money, and I declined, it would make me very uncomfortable that I would get treated worse because he's not getting what he wants.
A: You will have to have an attorney review the document. It’s unclear whether it is a contract or just a disclosure. Also unclear is whether the increase in price will justify the legal fees to dispute it.
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A:
In California, once a contract is signed and paid in full, the terms, including the price, are typically binding unless the contract explicitly allows for changes. Since your contract lacks provisions for price changes, the surgeon's attempt to increase the price could be viewed as a breach of contract. This action is potentially illegal, especially since the delay was due to the surgeon's decisions.
You may be entitled to demand a refund if the surgeon insists on increasing the price, as this could be considered a breach of the original agreement. Additionally, you could have grounds to sue for damages, especially if you've incurred significant costs and stress due to the surgeon's actions.
Continuing with the surgery under these circumstances could lead to further issues, especially if you're concerned about the quality of care. It's essential to consider your comfort and trust in the provider, as well as to protect your financial and legal interests. Consulting with a lawyer to explore your options would be prudent.
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