Legal Question in Business Law in Maryland

Deposit Given To Doctor

I pre-paid $5,500 to a plastic surgeon for a cosmetic procedure. The day prior to the procedure I became ill and could not go through with it. I called the doctor and he said to call him when I am ready. Thirty days later I was in a near fatal accident and broke my neck. I called the doctor and asked for my money to be returned because of the accident. He said, ''I will a pay you next week'', the following week he said, ''I need to reconcile by books'', he then said, ''I need one more week'', he then said, ''The money is mine, I don't owe it to you''. I explained to him it was a pre-payment, the service had not been received, therefore he had not earned the money. It was a liability to him. He argued, ''No, it is my money''. Can he keep the money?


Asked on 5/28/08, 9:39 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Deposit Given To Doctor

At most, the doctor should be entitled to a small cancellation fee covering the time he blocked out for the procedure. However, most doctors only charge this if a patient is a no show without cancelling. I suggest you file a complaint with the medical society and if they won't help you, sue the doctor in the District Court of MD. I suspect when you show him he can't take advantage of you, he'll refund the money promptly.

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Answered on 6/02/08, 2:53 pm
Misty Wilks www.FinancialSolutionsLaw.com

Re: Deposit Given To Doctor

It depends. Do you have a signed contract with the doctor? You should definitely not let him get away with this without speaking with an attorney.

If there is a contract, be sure to have some one review it to determine the terms of your arrangement.

If you would like to have me evaluate the merits of your case, feel free to contact me. You may email [email protected] or call 202.276.4789

Good luck

Misty

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Answered on 6/02/08, 3:50 am


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