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I paid $7900 for elective cosmetic surgery in Jan 09. The surgeon required a medical clearance from PCP. Found previously undiagnosed diabetes in blood test results. PCP would not give approval for medical clearance, surgery was canceled until diabetes could be brought under control. Plastic surgeon refused to refund $7900 citing a no refund policy for cancellation, only rescheduling within 3 months. Disputed with the credit card company, they sided with the merchant. Redisputed 06/09 with credit card company, no response. I didn't cancel the surgery, I couldn't get clearance from my PCP and it can't be rescheduled because of the diabetes issue.Can I sue the credit card company and the plastic surgeon? Is there a statute of limitations?
State/Country relating to Question: Arizona Already Tried: Talking to the merchant and disputing the charges with the credit card company.
Hi there. You would want to sue the surgeon against whom you have a valid claim. A lawsuit against the credit card company would be a stretch and you are best served going after the genesis of the problem...i.e., the surgeon. There would be a statute of limitations, but given that this occurred in Jan. 09, you would not be anywhere close to running out of time. It may be that the simple filing of your lawsuit might cause the surgeon to refund your money...it is amazing the effect the service of a summons for a lawsuit can have on causing someone to want to settle.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
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