Breaking an obstetric contract (financial)

[Strawman]

Hello,

Just wondering if anyone has personal (or professional) experience in relation to medical contracts. I signed a contract with an obstetrician for the vbac birth of my second child and have paid the management fee as well as a fee per appointment. The contract has a financial clause where I am required to pay for all appointments if I breach terms of contract.

I am thinking of transferring to an independent midwife as I am no longer comfortable with the terms and conditions the obstetrician is putting on the birth.

Has anyone gotten out of a contract with an obstetrician before? Did you get a refund of part or all of the management fee? Did they try and tell you that they could take money for services in the future that they haven't performed that you no longer want?

Thanks

NN

[~TT40~]

wow. I have no idea hun. I didn't even know they get you to sign a contract like that...
but didnt want you to have 101 views with no reply. =)

[Peace]

Hi

Not sure as my OB hasn't had me sign any sort of agreement. Maybe just chat to his/her secretary and see what the go is? Or ask for a copy of what you signed to see what the conditions are?

Good luck, surely you can't have to pay for a service you don't want and won't use...

[Caz_88]

definately have a look through the agreement.... I had a quick looksee and found this website. .. not sure where you are from (its NSW) but im pretty sure the medical industry ombudsman would be national.
Fees in your health care - NSW Health Care Complaints Commission
It doesnt sound right to me, that they can lock you in to their services when they may not necessarily be the most appropriate physician for you in the future. ....

[Jaycee]

Doesn't sound right to me either, you as the "customer" should have rights

[BellyBelly]

If he doesnt attend the birth he cant charge you a birth attendance fee, as far as I am aware... Can you say youre moving or something?

[onthefly]

I have heard of people negotiating partial refunds of management fees, I think. Beyond that, I don't know.
Surely there are provisions for ending the agreement? Deciding to end your contract doesn't constitute breaching it... does it? It all sounds rather odd, actually.

[Strawman]

Surely there are provisions for ending the agreement? Deciding to end your contract doesn't constitute breaching it... does it? It all sounds rather odd, actually.

There are no provisions for ending the agreement and deciding to end the agreement is considered a breach of contract.

Sigh.

Why did I get myself into this mess? I thought it was what I wanted at the time... I guess I'll have to find a medically knowledgeable solicitor to see if I have any options. Have tried googling but all medical related solicitors seem to be compensation ones..? If anyone has any tips I would love to hear!

[Caz_88]

call the ombudsman, im 99% there would have to be a way out, especially for situations where that OB is not longer suitable or cant provide required services etc.

[onthefly]

that sounds WAY dodgy. I'm sure it's not even standard practice to make you sign an agreement in the first place.
There's some info here - How to make a complaint - Health & Wellbeing

[HotI]

maybe the maternity action coalition would be able to direct you to a lawyer?

[little_O]

Has the ob's t&c of birthing changed SINCE signing the contract?

If you went into the contract with the understanding of one birthing style and that has since changed I'd say you can void the contract.

Tbh, I had two different ob's for dd and neither made me sign anything. This strikes me as really strange. What does the contract state? What would have happened if you had miscarried? Or unable to use a certain hospital?

When my first ob was no longer to provide the level of care I wanted/needed she refunded majority of my fees.

[Strawman]

I have been in contact with the maternity action coalition, thanks for the tip.

The terms and conditions have not changed since I signed the contract, but since I have been thinking about it a lot this week, I think it is my level of comfort with the lack of communication and refusal to discuss certain topics (i.e. what happens in labour) that has changed. I don't feel that I can trust this ob anymore if they are not open to discuss what I consider is important and they have their own set agenda for what we talk about at appointments.

Thanks for all your ideas.

[Strawman]

Tbh, I had two different ob's for dd and neither made me sign anything. This strikes me as really strange. What does the contract state? What would have happened if you had miscarried? Or unable to use a certain hospital?

A miscarriage prior to 20 weeks would have seen us released from the contract (it doesn't explicitly state this though). A stillbirth after 20 weeks would be counted as the 'time of birth'. Don't know about the hospital question.

[BellyBelly]

How did you go? Any luck?

[Strawman]

Not yet... Still in negotiations. Will update in a few weeks or months...