What to do if I am a small practice and I have a patient who came in for treatment that was agreed on but now she had reneged on or agreement?

She came in to get the final work placed and at time of placing the work she said that she did not like the color or shape (this is after several remakes of the product at no cost to her). She left with out getting final work placed and has not came in since. Now she is trying to get the insurance to get refunded, which is the only payment that has been made on her account. She has had no out of pocket expenses for any treatment. Is this something that is within her legal realm to demand back?

Asked on November 4, 2014 under Business Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Agreements, or contracts, are enforceable; and furthermore, there is only the right to seek a refund IF the agreement itself allows or permits a refund. (Assuming, that is, that the work done was the work agreed to and was done to professional standards.) There is no right to change one's mind about an agreement, again, unless the agreement itself allows you to do this. Based on what you write, it would seem that she should have any right to get her insurance payments refunded, and, furthermore, should be liable for any remaining payments. If she will not pay voluntarily, you should be able to sue her for breach of contract.

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