Am I entitled to a refund for prepaid services that I did not receive at a birth center?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I entitled to a refund for prepaid services that I did not receive at a birth center?

I prepaid a nurse midwife to attend my delivery at her birth center, then she diagnosed a complication requiring a hospital delivery, which she did not attend. As I did not receive the services I paid for, and now must pay a hospital for my delivery there, am I entitled to a refund?

Asked on February 20, 2011 under Business Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

All I can really say is: read your contract.  What does it say?  Does it address this issue? It is an agreement that you are both bound by and will be relying on. If it does not address this issue - which I could not imagine that it does not - then I would say that if the services of the center are not used but were paid for you should ask for the refund.  I am assuming, of course, that you never even stepped foot in to the birthing center the night of the birth.  If you had started out there and a complication arose during birth that necessitated a transfer then my guidance might be otherwise.  Glad you are all safe.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption