Refund of fees for services not rendered.

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whiskeypeak

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Arizona
My wife and I recently went through an in-vitro fertilization (IVF) cycle with a local fertility clinic in hopes of having a baby. My wife and I are both 40, and she was diagnosed with Diminished Ovarian Reserve, thus the reason for IVF. We paid for the cycle up front, with the understanding that if the cycle had to be terminated, we would receive a refund for medical procedures not preformed.

That's what happened. A situation with taking incorrect hormones resulted in a cancelled cycle. My wife and I feel that the failed cycled was influenced by the clinic did not adequately communicating with us the a change in hormone dosing as well as failing to respond to an abnormal ovulation test.

This was our second failed IVF cycle, and now we realize that continued IVF cycles are likely to not work. So, we asked the clinic for a refund of money for any procedures we paid for but never received. This amount comes to about $4,000. The doctor agreed to do this over the phone, as he said that was their policy. He also agreed to refund the cost of two days' medications that were wasted when the clinic did not acknowledge the abnormal ovulation test.

We are very dissatisfied with the clinic and how they treat their patients. We would be happy with a refund of the money left on our account. However, before refunding our money, the clinic wants us to sign a release stating that neither myself or my wife will take any legal action or post any bad reviews to social media. We feel that we are asking for a monetary refund of services we never received, and are not asking for a refund for services we did receive.

What do we do here? Is it legal for them to make us sign such a document to get our money back? And should we sign, and later decide we want to take legal action, how does our signing of that document hurt us?
 
The can't MAKE you sign the document. You can refuse.
If they continue to refuse the refund you may have to jump through legal hoops to get your refund. Tell them no, hold out your hand, and say, "Money please!"
If you want your refund with the least headaches associated with it then scribble on their silly paper and be done with it. I'd add in a frowny face for good measure.
 
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