Legal Question in Medical Malpractice in Florida

Is there a law in the state of Florida that protects a patient from scheduling a surgery, prepaying and sign a no cancellation policy to then have second thoughts and cancel within 24 hours and be able to retrieve the money that was paid to the Dr.? Would there be a law that would supercede his "no cancellation policy"?


Asked on 7/25/09, 4:17 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

No. If you were aware of or agreed to the no cancellation policy, then you are bound by it. The doctor should not charge you the full price of the surgery, though, as that would not be fair. If he was unable to fill your slot with another surgery, you will at least have to pay for his time, the anesthesiologist's time, the RN's time, etc. That could add-up to several thousand dollars.

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Answered on 7/26/09, 10:03 am


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