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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I paid 4000 medical procedure to help me lose weight.

Customer Question

I paid 4000 for a medical procedure to help me lose weight. I was bmi 27 the minimum requirement for a gastric balloon and they fit the device.
After my 6 week check up and very little weight loss my surgeon told me that "perhaps I was one of the less than 5% of people that needed to consume less than 800 calories a day to start losing weight" he also told me to chew my food less, which most people know is bad medical advice.
It has become apparent to me that the gastric balloon may help people loose weight if a person is massively overweight through over eating. I believe that I should not have been sold this product as they knew I was too slight for the proceedure to have any effect at all. Do I have any legal recourse at all please?
Submitted: 11 months ago.
Category: Law
Expert:  Jenny replied 11 months ago.
Hello my name is***** am a qualified solicitor and I am happy to help you today. Were you warned that there was a possibility that the procedure would not be successful?
Customer: replied 11 months ago.
Hi JennyVerbally I had very little consultation before had. I was told that of course some people cheat the balloon by drinking their calories etc. But it was definitely indicated to me that all the clients that could (excuse the pun) stomach the balloon, as it has a tendency to make you feel very sick, and stuck to the diet plan and healthy eating would lose a massive amount of weight. With most clients losing near 3 stone.
Warm regards
Donna
Expert:  Jenny replied 11 months ago.
Hi Donna, did they require you to sign any terms and conditions before taking the procedure?
Customer: replied 11 months ago.
I remember signing risk paperwork about the medical procedure when I was admitted to the private clinic
Expert:  Jenny replied 11 months ago.
Do you have a copy of that paperwork and were you given the opportunity to read it before signing?
Customer: replied 11 months ago.
I've found it. I have a copy of the patient contract it was given to me via post in a huge bundle of paperwork and leaflets. I was to sign it and I remember them saying it would be read through and could ter signed by my surgeon when I checked in. It never was. The only signiture on my copy is mine
Expert:  Jenny replied 11 months ago.
Ok thanks, ***** ***** contract say anything about what happens in the event the procedure is unsucessful? I am happy to look at it for you as an additional service. I will make an offer to you.
Customer: replied 11 months ago.
The paperwork doesn't say anything about it not working...
It does say by signing it I agree to t and c's but it's more all about payment and cancellation costs and costs if further surgery is needed. It seems to be all about costs etc
Expert:  Jenny replied 11 months ago.
Ok without seeing the paperwork it is difficult to fully advise, however if the paperwork does not seek to exclude liability and you were not told that there was a risk the surgery would fail before having the procedure then you can make a claim against the clinic in breach of contract and under the Supply of Goods and Services Act. You should write to the them to say that you want a full refund as the procedure has not worked and say that if it is not paid back to you within 7 days then you will take them to court to recover your money. You can do so online at www.moneyclaim.gov.ukIf you have any further questions please do ask.
Expert:  Jenny replied 11 months ago.
Hello is there anything further you would like to know about this?
Expert:  Jenny replied 11 months ago.
Hello Donna, please do let me know if I can help you any further. If I have answered your question I would be grateful if you would rate my answer before leaving the site as I am not otherwise paid for answering your question. I will be happy to answer any further questions you may have. Thank you and all the best with this.

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