QUESTION

How would I know what type of compensation should get?

Asked on May 05th, 2013 on Bankruptcy - North Carolina
More details to this question:
I live in GA. I financed cosmetic surgery in FL. After 5 months of planning, I get to my pre- surgery appointment. The coordinator didn't tell me I was required to stay in town 7 days, so I opted to not sign the "I know I'll die waiver". Taking off from work, hotel cost, pet sitters planning all go down the drain, I want my funds. I pay a third party lender to go to a local GA surgeon. I have a specific doctor note that states my husband would be out May 1st-7th to tend to me. The pre surgery consult was scheduled May 2nd, and surgery May 3rd, meaning I would obviously be travelling the 4th-6th. A doctor signed this. It was their mistake. I can't afford to travel back. They said a refund is not possible because it was a 3rd party. What should I do?
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1 ANSWER

From your post, it does not sound like you sustained physical bodily injury in any way. If that is thge case, you are not talking about negligence but breach of contract. You must have signed documents which discuss the rights of the parties and which may address your right to a refund. If you have documents, read them carefully to see if they talk about this. Generally incidental and consequential damages of the type that you incurred (costs of travel, pet sitter etc.) are not going to be recoverable. And you have not stated anything which would show that the hospital breached the contract, so based on the very limited information you presented, it sounds like you are not entitled to any compensation. I don't understand your comments regarding a third-party lender. If you borrowed the funds why does this have anything to do with whether the hospital breached the contract with you? Either they violated some condition which would make them liable or they did not. However, this is not my area of law and there may be something in the documents or other facts which you did not relate which would require a different result. I recommend that you consult with a general civil litigation attorney. If the clinic is in Florida, then I would consult with an attorney in Florida as there may be jurisdictional issues with suing in Georgia.
Answered on May 10th, 2013 at 3:05 AM

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