Provided by:  Jennifer Kirschenbaum, Esq.

April 25, 2023


 Hi Jennifer,
A patient recently received a cosmetic dental procedure in our offices and has been calling our office complaining that she is not satisfied with the results and requesting a refund. Though we are willing to provide a refund to resolve this dispute, my partners are concerned that doing so may appear like an admission that we deviated from the standard of care. Please advise.

- Dr. A

Samuel Atlas, Esq. of our Healthcare Litigation and IP department has the following advice - 
This situation calls for a release from your patient. A properly drafted release of claims is a must-have for any medical provider who is issuing a refund to a disgruntled patient. This quid pro quo ensures that in exchange for the refund of the patient’s bill, you- the provider- is released from any potential claims arising from the care provided to that patient. The release can be drafted narrowly to specifically  cover the disputed procedure or service date, or can be drafted more broadly to include any claims related to the care provided to the patient. Before issuing your patient the refund check, ask the patient to sign the release. Make sure to have the release prepared by experience attorneys only!
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