Any chance to sue BJR and Dr Giotikas

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I honestly can't see the problem when it's possible to just choose a newer nail and date, then the money didn't go to waste, since you wouldn't have to pay twice. And I agree with all the others, you will gain nothing by sueing because you signed the agreement. The lawyer would tell you everything to earn some exstra cash from you. You will only lose time, money and maybe the ability to get a new date and nail...

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Quote from: DanishViking on July 20, 2023, 06:28:57 PMI honestly can't see the problem when it's possible to just choose a newer nail and date, then the money didn't go to waste, since you wouldn't have to pay twice. And I agree with all the others, you will gain nothing by sueing because you signed the agreement. The lawyer would tell you everything to earn some exstra cash from you. You will only lose time, money and maybe the ability to get a new date and nail...

Contrary to popular belief, just because someone signed an agreement doesn't mean it's legally valid in a court. In general, an exclusion criteria cannot exclude the party liability from performing the contract itself (i.e. let's say you and me had a contract where I was to deliver 10kg of apples to your door for $50, a term that said that if I didn't deliver the apples no refund would be given isn't going to be legally valid in most places in the world).

I'd argue the withdrawal of the nail wanted means the contract is substantially frustrated and can no longer be performed, given choice of nail is a very critical decision when it comes to CLL. As such, yes, they need to refund the money.

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Quote from: mihai0123 on July 19, 2023, 07:39:42 PMI spoke with a lawyer. He agrees that I should get my money back and it's against the law to not give me the service I paid for.
We made for start complaints to the Greek Ombudsman and the Health authority for Athens.
I know I'm paying more, but someone has to fight the scammers.

Have you received any response from the Greek Ombudsman and the Health authority for Athens?

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Quote from: Omar on July 20, 2023, 04:19:34 PMAlthough you are right, the way you convey the message is very unpleasant. Maybe the contract entitles the doctor, the patient paid for a service that was not rendered, so I don't see why it shouldn't be reimbursed.
It was stated in BJR Agreement for the deposit if you are not aware.
If you dun agree, dun pay. If you pay, you should aware of such situation.

My message is very direct, nothing unpleasant unless you are simply over-sensitive.
We are stating the fact and reality rather than directing him to do wrong way without knowing the contract or agreement.

Mihai -- Stop pursue 1.6K Euro and probably you will waste more time and money spend. The alternative is to change the Surgery Date which BJR should be able to accommodate. Be wise !

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Quote from: Bagga on July 21, 2023, 01:44:20 AMIt was stated in BJR Agreement for the deposit if you are not aware.
If you dun agree, dun pay. If you pay, you should aware of such situation.

My message is very direct, nothing unpleasant unless you are simply over-sensitive.
We are stating the fact and reality rather than directing him to do wrong way without knowing the contract or agreement.

Mihai -- Stop pursue 1.6K Euro and probably you will waste more time and money spend. The alternative is to change the Surgery Date which BJR should be able to accommodate. Be wise !

Highly unlikely they would operate on a patient who has already threatened legal action against them. Doctors have turned down patients for far less.

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I agree with Bagga, I can't find anything offensive by his earlier messages, no offense but I think you gotta grow up, and act as an adult. You can't sue your way out of life.

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Quote from: Bagga on July 21, 2023, 01:44:20 AMIt was stated in BJR Agreement for the deposit if you are not aware.
If you dun agree, dun pay. If you pay, you should aware of such situation.

My message is very direct, nothing unpleasant unless you are simply over-sensitive.
We are stating the fact and reality rather than directing him to do wrong way without knowing the contract or agreement.

Mihai -- Stop pursue 1.6K Euro and probably you will waste more time and money spend. The alternative is to change the Surgery Date which BJR should be able to accommodate. Be wise !

This simply is not how law works. 'You agreed to it therefore you're screwed' isn't always the case, and it almost certainly wouldn't be here. There's plenty of terms in contracts that get thrown out by courts all the time.

A term like 'if we can't deliver the surgery we won't refund the money' isn't going to be legally valid in an EU country. Sure you might argue that you could use a different nail but that's a substantially different surgery - just like if someone offered you Precise instead of Gnail, it's now a totally different proposition with different risks and benefits.

OP definitely has a case, and anyone saying hurr hurr but the contract says is simply operating from a position of ignorance or fanboyism of a doctor.

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Well one day when the case has been completed in court, please give us an update.

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Quote from: G8788 on July 21, 2023, 01:06:04 PMThis simply is not how law works. 'You agreed to it therefore you're screwed' isn't always the case, and it almost certainly wouldn't be here. There's plenty of terms in contracts that get thrown out by courts all the time.

A term like 'if we can't deliver the surgery we won't refund the money' isn't going to be legally valid in an EU country. Sure you might argue that you could use a different nail but that's a substantially different surgery - just like if someone offered you Precise instead of Gnail, it's now a totally different proposition with different risks and benefits.

OP definitely has a case, and anyone saying hurr hurr but the contract says is simply operating from a position of ignorance or fanboyism of a doctor.
There are cases though where "Non-refundability" of a deposit is justified by law. For exampel, if (in this context) your commitment to be operated on a certain date resulted in expenses to the doctor or hospital (like booking an Operating room,  scheduling allocating staff, ordering shipping of devices and other supplies  etc) maybe they are legally intitled to keep the money if they are not in fault for the cancellation (especially if the terms were clearly expressed at the time when the commitment was requested). The other party then must just acccept the responsibility of their commitment  due to exceptional unforeseen events. I am not so sure you have a strong case here!

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Quote from: Marie_Bard on July 21, 2023, 02:26:25 PMThere are cases though where "Non-refundability" of a deposit is justified by law. For exampel, if (in this context) your commitment to be operated on a certain date resulted in expenses to the doctor or hospital (like booking an Operating room,  scheduling allocating staff, ordering shipping of devices and other supplies  etc) maybe they are legally intitled to keep the money if they are not in fault for the cancellation (especially if the terms were clearly expressed at the time when the commitment was requested). The other party then must just acccept the responsibility of their commitment  due to exceptional unforeseen events. I am not so sure you have a strong case here!
People is giving opinion cos they are mot paying for legal proceeding fees and lawyer salary.
Let our dear friend make his decision then!
Hope he is not a "penny wise pound foolish" LOL!