Legal Question in Personal Injury in California
Medical clinic duped me out of $11,000.. I have signed a consent form with a clinic about medical treatment to be completed within one year, otherwise the contract voided. There were three attempts and each one was further divided into two steps, which had to be completed in order to move to the next attempt. Within 12-month period, if there was no result after a completed treatment cycle, I could terminate the contract and receive partial reimbursement.
After the first step during the first try there were medical complications that would delay any other treatments by 4-6 months (possibility of such a delay was not described in the agreement). The treatment cycle was not completed, but the physician orally advised me (thus permitting) to move forward to the fresh attempt as it was medically more beneficial. I became reassured that we were done with the first attempt and after 5 months began preparation for the next cycle.
Choosing a right treatment protocol took a long time adding to the above mentioned delay; the physician office was hard to reach for questions, my phone calls and e-mails were left unanswered. After long wait and frustration caused by false promises during a few successful episodes of contact with the clinic, I finally decided to end the arrangement. At this point the clinic pointed out that the first attempt was not completed and since I was already close to 12 months mark I was not eligible for any monetary reimbursements.
Do I have any chance of proving the intentional tort from the clinic? Does the doctor bear any responsibility for false promises? Was he violating his duty of care intentionally duping me into financial hardship? Or once I've signed the consent form I am the only one responsible for the outcome? The only evidence I have is dated e-mail correspondence with clinic staff that reflects the mutual understanding about the beginning of the second attempt, preparation instructions and prescriptions for medicine.
1 Answer from Attorneys
Intentional Tort? No. Not on the facts you stated.
IF you can show the delay and failure to complete treatment procedures was substantially their fault, not yours, not a result of your medical condition forcing delay, not a result or your failure to pursue scheduling, etc., then you would have a claim for breach of agreement, seeking refund. On that basis, if you are serious about hiring counsel to help you in pursuing refund, feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
