Legal Question in Consumer Law in Florida

false pretenses

I signed a paper in doctor's office thinking it was the ''generic'' payment policy plan for people who don't pay their bills Unbeknownst to me, it actually was a paper saying that whatever monies I give the doctor in advance of my operation, cannot be refunded to me under any circumstances. Needless to say, I paid the doctor upfront and got no operation, because to get the operation, I further had to sign more papers to hold him unaccountable if a problem arose during surgery. I did not know that he had no medical insurance when I signed that first paper. After the fact, I found out he had been sued several times and had to pay judgements and is presently on probation by the state of florida. He also has no privileges at any hospital. Another woman online claims that he burned her face and that she had to go to emergency. She has incurred debt and he won't reimburse her money either.Is there anything I can do to get my money back? Can this doctor be stopped from scamming senior citizens out of their money?


Asked on 7/24/07, 12:51 pm

3 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: false pretenses

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is very possible that the agreement you signed might be held voidable by a court or unconscionable. A doctor who does not carry malpractice insurance is required to post a sign readily visble for all patients to see. You should meet with an attorney to review what you signed and who can then advise you as to your legal rights and possible chance for success.

Scott R. Jay, Esq.

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Answered on 7/25/07, 12:18 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: false pretenses

You would really need to see a lawyer so he or she can see what you signed. If he has no insurance he is required to post a sign in the front waiting room to notify you of this. It was probably there, just not very visible. sounds like you made the right call not top have him do the procedure!

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Answered on 7/24/07, 1:05 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: false pretenses

You would really need to see a lawyer so he or she can see what you signed. If he has no insurance he is required to post a sign in the front waiting room to notify you of this. It was probably there, just not very visible. sounds like you made the right call not to have him do the procedure!

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Answered on 7/24/07, 1:24 pm


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