Trouble Getting Deposit Back from Cosmetic Surgeon Who Isn't Qualified, What Should I Do?

There is a big difference between a cosmetic surgeon and a plastic surgeon in terms of the training and board certification.  It is important to do research in manner.  In addition you have many non-surgeons (e.g. family practice or emergency room physicians) who practice 'cosmetic surgery'.

From a refund perspective, you may have to write a formal letter documenting your concerns.

I am glad that you have now done your homework and have realized there is a big difference betwen a Board Certified Plastic Surgeon and a Cosmetic Surgeon. The difference in the training is remarkable. I would read the fine print to see what their refund policy actually states if you signed a cosmetic cost sheet. They may be justified in keeping the deposit if you were informed of their refund policy. What I do not think is justified are physicians who pass themselves off as plastic surgeons who have not had the training.  You may want to seek assistance from the State Medical Board or Better Business Bureau.

Your situation is one that I have heard over and over again during my years of practice. Many plastic surgeons and those calling them plastic surgeons, try to pressure a patient to leave a nonrefundable deposit at the time of the initial consult because they know if you do you are less likely to cancel your surgery. The best chance of getting your money back is to call or write them a letter requesting the return of your deposit, your reasons for requesting it, and that you intend to take them to small claims court. If you do go to small claims court you may or may not win, depending on the contract. Just a threatening letter may be enough to get your desposit back. If you make enough of a nuisance of yourself you may get the deposit back.

It may difficult to obtain a refund without going through small claims court.  That process may cost you more than the deposit you placed with the doctor in question.  You may have to consider it a "life" lesson and be thankful that your intuition kicked in before you had an operation by this doctor.  Sorry this the best advice I have.  Good luck

Unfortunately, there is not much to do but write a letter explaining the situation. I have found that many of these “cosmetic surgeons” realize that they are better off providing the  refund  than having you complain to the medical board that you were misled.

In the big picture, I am glad you avoided surgery with this position;  the deposit may be a small price to pay for an important " lesson”.

Best wishes.

I would send a certified letter to this physician demanding your money back and giving a specific time frame, say 2 weeks. You should also include in your letter that you will file a complaint either with BOMEX (the Arizona Medical Board) or the Osteopathic Board if he is an osteopath (DO) if he doesn't comply. BOMEX in particular is very aggressive in pursuing actions against Arizona doctors. Unfortunately, the Osteopathic Board is very lax and it may take some more aggressive actions on your part.

Good luck!

This is an important example of the need for patients to do their research before scheduling cosmetic surgery.  Board Certification in plastic surgery is essential.  You said that this doctor isn't qualified... your state's medical board should be notified immediately.  The medical board may be able to assist you with this problem. 

All physicians are licensed in the states in which they practice. There are usually rules that they have to follow. In New York we have the Office of Professional Medical Conduct which can investigate physicians for unethical practices. See what exists in your state and complain to them. Also you can sue the physician in small claims court.

Good luck
 

Hello,

A doctors office is just like any business in terms of having office policies that describe how and when a deposit is refunded.  They should have provided this for you when you gave them your deposit and you can simply refer to that when discussing the issue with them.  I would hope that they honor that portion of their contract with you.  

All the best,

Dr Repta

This may be a difficult predicament.  The advice you seek is more legal than medical.  If you do not have a copy of any documents that you signed, you should request them.  You may also seek assistance from the local Better Business Bureau or your state medical board.  If you are unable to find answers with either of these entities, you could consider formal legal advice.  Good luck.