Legal Question in Personal Injury in California

Paid cash for surgery, didn't need it, no refund from doctor

I paid cash to a doctor for a surgical procedure that it turned out I did not need after he did a diagnostic test on the day of the surgery that he should have done way before he accepted my cash. I want to get my money back. What should I do? He didn't do the surgery

Also, I need to sign a release for a settlement that I was awarded for the injury that led me to this doctor in the first place. I have been unable to get to my lawyer to sign the release and he's threatening me with all this stuff about OSCs and sanctions and dismissal of the case. I went to the arbitration on April 15th. I am able to sign the release now. I was not able to get there because of this whole surgery mess up, which was the lawyer's suggestion anyway. Thanks for any help you can give me.


Asked on 4/28/08, 10:19 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Paid cash for surgery, didn't need it, no refund from doctor

Tell the doctor you want a refund for surgery that was not performed. If he refuses, sue him in small claims court. As for the rest, its between you and your lawyer.

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Answered on 4/28/08, 9:02 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Paid cash for surgery, didn't need it, no refund from doctor

Follow Mr. Roth's advice.

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Answered on 6/23/08, 10:23 pm


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