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

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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 13 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.


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