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Claiming compensation for faulty service

devadiva_2
devadiva_2 Posts: 1 Newbie
edited 22 April 2011 at 4:42PM in Credit cards
I had laser eye surgery recently which has gone wrong despite paying extra for the most expensive procedure. is it possible to make a claim for compensation via my credit card?

Comments

  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From what you have written it is almost impossible to give any advice.

    I'm sure somewhere along the process of treating you - you would have been given some terms about the potential dangers of laser eye surgery - (I know of no company that will say they can guarantee 100% of their treatment will work) - if so as far as your credit card is concerned you paid for laser surgery - you got laser surgery.

    So again in my opinion any damages claim is between you and the hospital.
  • It's something that I have never considered or looked into, but I guess you have signed some forms which say that the procedure may not always work and make your vision worse and that you are agreeing to this.

    If you tried to do a chargeback and have signed such a disclaimer, then once the company gets to put its side of the story in writing they would simply send this to your credit card company and throw your claim out the window.

    I'm sorry to hear about your vision, but it's why I would never consider this or wear contacts just incase it did any damage to my vision. Maybe i'll be the only one in 50 years time still wearing glasses but I don't care if people think I look silly.
    David :)
    £1 of debt is too much for me!
  • Emx
    Emx Posts: 22 Forumite
    Part of the Furniture Combo Breaker
    I can't make a full comment, but I've had laser eye surgery recently. I also paid for the top-end treatment available. I am now having to go back for enhancement surgery :(

    Both times there was a four page contract that as the staff went through it with me I had to initial each section, and then sign at the end. From what I can remember the contract covers themselves pretty damn well. After all, they don't know how your body will react until it's been done - it's not their fault if they've done every thing properly and it hasn't had the desired effect.

    I was informed that there was a risk and that no treatment has a guaranteed outcome. I accepted that risk.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Do you believe that they were negligent in any way?
    Gone ... or have I?
  • greenface
    greenface Posts: 4,871 Forumite
    Mortgage-free Glee!
    "from what i can remember" what that tells me is you cannot be 4rsed to look at the contract you signed . Find it read it .!!! just because it never worked or its not their fault they have to show they did their procedure correctly . You need legal advice and a good one too someone who has a expert in Medical Neglegence dont try a chargeback on this one. it wont work , good luck
    :cool: hard as nails on the internet . wimp in the real world :cool:
  • Emx
    Emx Posts: 22 Forumite
    Part of the Furniture Combo Breaker
    edited 22 April 2011 at 10:13PM
    greenface - I'm not the OP and I'm not contesting the outcome of my own surgery.

    My contract is actually downstairs in the drawer, but I'm tired (too lazy XD) and wasn't gonna drag myself out of my comfy bed to refer to it. That's why I said I couldn't make a full comment, just that off the top of my head my contract covers a huge majority of outcomes that aren't due to negligence.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    So there has not been any negligence? If not, what would you consider making a claim for?
    Gone ... or have I?
  • greenface
    greenface Posts: 4,871 Forumite
    Mortgage-free Glee!
    Emx wrote: »
    greenface - I'm not the OP and I'm not contesting the outcome of my own surgery.

    My contract is actually downstairs in the drawer, but I'm tired (too lazy XD) and wasn't gonna drag myself out of my comfy bed to refer to it. That's why I said I couldn't make a full comment, just that off the top of my head my contract covers a huge majority of outcomes that aren't due to negligence.

    sorry !!!!!!!!!!!!!!
    very sorry !!!!!!!!!!!!!!!!!!!!!!!!!!
    But what ya doin in bed at half past nine is it dark yet
    Been drinkin all day :o:o:o:o:o:o:o:D:o:o:o:o:o
    :cool: hard as nails on the internet . wimp in the real world :cool:
  • greenface
    greenface Posts: 4,871 Forumite
    Mortgage-free Glee!
    devadiva wrote: »
    I had laser eye surgery recently which has gone wrong despite paying extra for the most expensive procedure. is it possible to make a claim for compensation via my credit card?
    you may be able to claim for some or all of your treatment *(i doubt it) but you wont to be able to claim for compensation through your cc
    :cool: hard as nails on the internet . wimp in the real world :cool:
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