Paid for procedure, decided not to do it now, was told can use amount paid for future procedure, how to make sure they honor it?

[DJwaterwet]

My wife had already paid for an elective surgery. She has decided she does not want to go through with it at this time. Since she changed her mind too close to the procedure they will only refund half minus the deposit. She was told over email by the receptionist that she can use the amount she paid for a procedure in the future, even if it is several years later. We are worried that in a few years they will not honor this. If that happens, can we use the email as evidence in court? What if the receptionist who sent the email no longer works there? What if the doctor retires in that time? What if in the future they decide to double the price of the procedure for my wife just because they can? Any advice?

 

[Zigner]

Sounds like the question is whether you want cash in pocket now, or credit towards a procedure in the future (that you may never choose/have the opportunity to use).

 

[DJwaterwet]

Sounds like the question is whether you want cash in pocket now, or credit towards a procedure in the future (that you may never choose/have the opportunity to use).

Precisely, she wants to have the procedure done.. but it may not be for years later. We want to make sure they dont screw us over. I’m wondering if it makes sense to get in writing with a signature that they will honor it. At the same time however, we don’t want to get on their bad side as the receptionist has been increasingly mean / condescending. It’s been a turn of events ever since they have received the payment.

 

[Zigner]

Precisely, she wants to have the procedure done.. but it may not be for years later. We want to make sure they dont screw us over. I’m wondering if it makes sense to get in writing with a signature that they will honor it. At the same time however, we don’t want to get on their bad side as the receptionist has been increasingly mean / condescending. It’s been a turn of events ever since they have received the payment.

Getting something more than an email from the receptionist is probably wise. Of course, you still run the risk of any number of things happening in the future that would cause you to be unable to "redeem" any promise of future service that you may get now. You seem to have thought about many of those possible things, so it does no good for me to rehash them.

Your question is not really something that a legal forum can help much with. Whether you "should" or "shouldn't" make one decision or the other is a personal decision, not a legal one. Personally, I'd take the money now...but that's not my decision to make.

 

[DJwaterwet]

Getting something more than an email from the receptionist is probably wise. Of course, you still run the risk of any number of things happening in the future that would cause you to be unable to "redeem" any promise of future service that you may get now. You seem to have thought about many of those possible things, so it does no good for me to rehash them.

Your question is not really something that a legal forum can help much with. Whether you "should" or "shouldn't" make one decision or the other is a personal decision, not a legal one. Personally, I'd take the money now...but that's not my decision to make.

Ok, thank you very much for your insight. Cheers.

 

[adjusterjack]

What did your wife sign when she paid for the procedure?

 

[zddoodah]

If that happens, can [she] use the email as evidence in court?

Yes.

What if the receptionist who sent the email no longer works there? What if the doctor retires in that time?

I don't understand what these questions mean.

Any advice?

If your wife has questions/concerns, now is the time to seek clarification.

I’m wondering if it makes sense to get in writing with a signature that they will honor it.

I'd rather have something signed than an email, so no harm in asking, but they have no obligation to do that.

 

[quincy]

My wife had already paid for an elective surgery. She has decided she does not want to go through with it at this time. Since she changed her mind too close to the procedure they will only refund half minus the deposit. She was told over email by the receptionist that she can use the amount she paid for a procedure in the future, even if it is several years later. We are worried that in a few years they will not honor this. If that happens, can we use the email as evidence in court? What if the receptionist who sent the email no longer works there? What if the doctor retires in that time? What if in the future they decide to double the price of the procedure for my wife just because they can? Any advice?

First, what is the name of your state?

Second, under what authority did the receptionist tell your wife that she can use the already-paid amount for a future procedure?

I don’t think it is smart to trust that an email sent by a receptionist legally binds the doctor to performing the elective surgery in the future at today’s price.

 

[Zigner]

OP said "...she can use the amount she paid for the procedure in the future." The OP is wise to realize that the procedure might cost (considerably) more in the future, so the money paid now won't cover it in full.

 

[quincy]

OP said "...she can use the amount she paid for the procedure in the future." The OP is wise to realize that the procedure might cost (considerably) more in the future, so the money paid now won't cover it in full.

I understand that DJwaterwet lives in Michigan.

I would expect a new deposit will be required for lining up a new date for the procedure, as well, in case there is another last minute cancellation.

 

[ariachen0103]

Yes, the email can serve as evidence in court. Ensure you keep a copy of the email for reference. If the receptionist or doctor changes, the email's content remains pertinent. Regarding potential price changes, consider obtaining written confirmation of the current price and terms, ensuring clarity and protection for future use.

 

[quincy]

The email’s content remains pertinent only if the receptionist actually has/had the authority to make the promises she did.

 

[Zigner]

The email’s content remains pertinent only if the receptionist actually has/had the authority to make the promises she did.

Not necessarily:

https://www.law.cornell.edu/wex/apparent_authority

 

[quincy]

Not necessarily:

https://www.law.cornell.edu/wex/apparent_authority

Okay. Not necessarily.

I have problems with some of the responses to the questions asked here, though. One problem is the definitive “yes” answers to the question of whether the email can be used as evidence. It may or may not be admissible. Another is the idea that, if the receptionist and/or doctor retire or die that this “promise” made by the retired/dead receptionist can still be enforced years from now on a procedure done by a different doctor.

Zigner, I liked your response in Post #4, and await an answer to adjusterjack’s question in Post #6.