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Canceled Surgery Penalty

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electricdah

Junior Member
Florida. I made arrangements for $8,800 of facial plastic surgery and signed an agreement to forfeit $800 of the fee which was paid in advance if I canceled later than five days before the surgery. One day before the surgery I was given, and required to sign, eight pages of releases stating the possible side effects, alternative less-invasive procedures, and a special warning stating that those suffering from dry eye syndrome should exert special caution when having this type of surgery. I had never seen these pages before. I am currently being treated for dry eye and the plastic surgeon had been notified in writing about this. Consequently, I canceled the night before the surgery and the surgeon kept the $800 as per the agreement. I feel that the surgeon was remiss in requiring me to sign the cancellation agreement before showing me the releases especially since they list the dry eye caution. The surgeon did incur expenses due to the cancellation (two visits, photos, hospital reservations, etc), but they would have been avoided had I seen the releases at the original consultation. Is it reasonable to pursue a refund?
 


acmb05

Senior Member
Florida. I made arrangements for $8,800 of facial plastic surgery and signed an agreement to forfeit $800 of the fee which was paid in advance if I canceled later than five days before the surgery. One day before the surgery I was given, and required to sign, eight pages of releases stating the possible side effects, alternative less-invasive procedures, and a special warning stating that those suffering from dry eye syndrome should exert special caution when having this type of surgery. I had never seen these pages before. I am currently being treated for dry eye and the plastic surgeon had been notified in writing about this. Consequently, I canceled the night before the surgery and the surgeon kept the $800 as per the agreement. I feel that the surgeon was remiss in requiring me to sign the cancellation agreement before showing me the releases especially since they list the dry eye caution. The surgeon did incur expenses due to the cancellation (two visits, photos, hospital reservations, etc), but they would have been avoided had I seen the releases at the original consultation. Is it reasonable to pursue a refund?
No it is not. they are warnings only. It does not say that dry eye would make the surgery impossible, only that special precautions should be taken. You opted not to have the surgery so you forfeit the money.
 

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