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Refund for medical services paid for but never received

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whiskeypeak

Junior Member
What is the name of your state (only U.S. law)? Arizona

My wife and I recently went through an in-vitro fertilization (IVF) cycle with a local fertility clinic in hopes of having a baby. My wife and I are both 40, and she was diagnosed with Diminished Ovarian Reserve, thus the reason for IVF. We paid for the cycle up front, with the understanding that if the cycle had to be terminated, we would receive a refund for medical procedures not preformed.

That's what happened. A situation with taking incorrect hormones resulted in a cancelled cycle. My wife and I feel that the failed cycled was influenced by the clinic did not adequately communicating with us the a change in hormone dosing as well as failing to respond to an abnormal ovulation test.

This was our second failed IVF cycle, and now we realize that continued IVF cycles are likely to not work. So, we asked the clinic for a refund of money for any procedures we paid for but never received. This amount comes to about $4,000. The doctor agreed to do this over the phone, as he said that was their policy. He also agreed to refund the cost of two days' medications that were wasted when the clinic did not acknowledge the abnormal ovulation test.

We are very dissatisfied with the clinic and how they treat their patients. We would be happy with a refund of the money left on our account. However, before refunding our money, the clinic wants us to sign a release stating that neither myself or my wife will take any legal action or post any bad reviews to social media. We feel that we are asking for a monetary refund of services we never received, and are not asking for a refund for services we did receive.

What do we do here? Is it legal for them to make us sign such a document to get our money back? And should we sign, and later decide we want to take legal action, how does our signing of that document hurt us?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Arizona

My wife and I recently went through an in-vitro fertilization (IVF) cycle with a local fertility clinic in hopes of having a baby. My wife and I are both 40, and she was diagnosed with Diminished Ovarian Reserve, thus the reason for IVF. We paid for the cycle up front, with the understanding that if the cycle had to be terminated, we would receive a refund for medical procedures not preformed.

That's what happened. A situation with taking incorrect hormones resulted in a cancelled cycle. My wife and I feel that the failed cycled was influenced by the clinic did not adequately communicating with us the a change in hormone dosing as well as failing to respond to an abnormal ovulation test.

This was our second failed IVF cycle, and now we realize that continued IVF cycles are likely to not work. So, we asked the clinic for a refund of money for any procedures we paid for but never received. This amount comes to about $4,000. The doctor agreed to do this over the phone, as he said that was their policy. He also agreed to refund the cost of two days' medications that were wasted when the clinic did not acknowledge the abnormal ovulation test.

We are very dissatisfied with the clinic and how they treat their patients. We would be happy with a refund of the money left on our account. However, before refunding our money, the clinic wants us to sign a release stating that neither myself or my wife will take any legal action or post any bad reviews to social media. We feel that we are asking for a monetary refund of services we never received, and are not asking for a refund for services we did receive.

What do we do here? Is it legal for them to make us sign such a document to get our money back? And should we sign, and later decide we want to take legal action, how does our signing of that document hurt us?
Let's be pragmatic here...

If you sign, you get the money right away.
If you don't sign, you have to sue and then you get the money...someday.
Which of the two is easier and nets you more money?
 

whiskeypeak

Junior Member
Let's be pragmatic here...

If you sign, you get the money right away.
If you don't sign, you have to sue and then you get the money...someday.
Which of the two is easier and nets you more money?
Thanks. I guess my question revolves more around whether or not it is legal for them to do this, and if not if it is worth challenging them. My feeling is that if we sued, it would be difficult to prove any kind of negligence on their part, and would not net us any more money. I think my wife and I would be okay if we just were refunded the money and probably not peruse things further.

HOWEVER, there is a chance that this procedure could cause medical issues in the future. And we also may feel it prudent to tell others of our negative experiences through websites or social media. Should we sign, get the money back, and 6 months from now deal with either of the above, what kind of bind would signing this release put us in? Let's say we sign this release and later learn that the IVF cycle damaged my wife's health in some way, and could have been prevented if the clinic was more on top of things. What would happen if we decided to sue then for medical malpractice?
 

Zigner

Senior Member, Non-Attorney
Thanks. I guess my question revolves more around whether or not it is legal for them to do this, and if not if it is worth challenging them. My feeling is that if we sued, it would be difficult to prove any kind of negligence on their part, and would not net us any more money. I think my wife and I would be okay if we just were refunded the money and probably not peruse things further.

HOWEVER, there is a chance that this procedure could cause medical issues in the future. And we also may feel it prudent to tell others of our negative experiences through websites or social media. Should we sign, get the money back, and 6 months from now deal with either of the above, what kind of bind would signing this release put us in? Let's say we sign this release and later learn that the IVF cycle damaged my wife's health in some way, and could have been prevented if the clinic was more on top of things. What would happen if we decided to sue then for medical malpractice?
If you agree to release any and all claims against them, whether presently known or unknown, then you're not going to be able to sue.
 

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