# 3D scan that went wrong!



## HelenQ (12 Jul 2006)

Last October I had a 3D scan carried out on my unborn baby in a clinic in Dublin 6. For this service we paid a fee €150.00 wherein we would be given head shot pictures of the baby and a DVD. The scan went fine and we found out the sex of our baby. We were thrilled as this baby was the result of 8 years fertility treatment including 4 IVF's.

However, on returning home to Co. Limk we went to play the DVD all excited at seeing our little baby again, it wouldn't play. We tried it on another player and our computer - nothing. We left a voicemail at the office totally distressed. My husband asked an Engineer to check it at the computer manufacturing plant where he works and the Engineer said that there was no data on it whatsoever.

Rang the office and was told to send back the DVD - we did. They dont do back ups. Then it went from bad to worse I asked for a 2nd scan and was refused and the lady in question was down right rude. My husband rang to see if he could get any satisfaction and he spoke to the professional husband who basically cut us to shreds! 

The upshot is that they still have our DVD and our fee! We send a solrs letter and then they replied asking if a third party could view the DVD. Who is going to know another woman's baby?

We contacted the Small Claims Court but they refuse on the grounds that its a medical issue 

I feel I am going to have to take these people to court for a paltry sum. They made a mistake, it happens but they didnt have to be so superior about it and basically be horrible to us. I have sent a 7 day warning letter so after that am a bit nervous of my next step? Do you think I should ring the office to see if they will give us back or fee or just go ahead with proceedings?


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## ClubMan (12 Jul 2006)

HelenQ said:
			
		

> they replied asking if a third party could view the DVD. Who is going to know another woman's baby?


 Presumably they mean a third party who has the technical knowhow to ascertain whether or not the _DVD _contains data and not to identify the baby as yours?


> I feel I am going to have to take these people to court for a paltry sum.
> 
> ...
> 
> Do you think I should ring the office to see if they will give us back or fee or just go ahead with proceedings?


 By all means you should continue to insist on your money back if there is no possibilty that they can deliver on the service for which they were paid (or at least only in part - i.e. the printed scans were presumably OK?). However going to court over €150 really is crazy in my opinion. Are you are looking for compensation over and above the original sum involved. There is presumably a big risk that even if you win a case you will be out of pocket and even more so if you lose.


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## ajapale (12 Jul 2006)

I would be more concerned about the QA system that the clinic operate.

Does the clinic operate an accredited quality management system?

If the dvd contained no data or if you are concerned that the data did not relate to you baby then what does this say about all the other tests, determinations and scans carried out by the clinic?

ps I hope every thing goes well for you and your baby. Is it really worth the stress and hassle to persue these guys. Perhaps it would be better to forget about it but vow never to use their services again?


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## Humpback (12 Jul 2006)

HelenQ said:
			
		

> We contacted the Small Claims Court but they refuse on the grounds that its a medical issue


 
Did you go to an actual medical clinic, or one of these new businesses that's been set up privately to do baby scans?

If it's one of these private business, then the Small Claims Court would definitely apply.

You're covered here by the Sale of Goods and Supply of Service Act. You've bought a product that's not fit for purpose, so you're either entitled to a repair, replacement or refund.

Might be an idea to speak to the [broken link removed]about this.


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## Eurofan (12 Jul 2006)

Would i be out of line here to suggest (for the sake of €150) that you simply chalk it up to experience?

After all that time you finally have your _baby_! Why invoke all the stress of solicitors/small claims courts/letters etc. etc. What's really important here?

Little perspective maybe?


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## JohnnyBoy (12 Jul 2006)

Agree eurofan,see the wood from the trees.How does a DVD not working stress people out


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## Molly (12 Jul 2006)

> How does a DVD not working stress people out


 
I presume because  they paid €150 for a DVD that does'nt work.....


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## JohnnyBoy (12 Jul 2006)

I'd assume that most of the E150 was for the live viewing,I assume the cost for the DVD was a very small proportion of that.She's pregnant after 8 years of trying.I'm delighted for her,but get priorities in proper order.Getting "stressed out" isn't going to help her or the baby.


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## purplealien (12 Jul 2006)

JohnnyBoy said:
			
		

> Agree eurofan,see the wood from the trees.How does a DVD not working stress people out


 
Because it's not just any dvd - it's of their unborn baby that they waited for eight years to conceive.

I'd write them a letter telling them that on top of bringing them to court for the money, you're also going to sue them for the stress they've caused you while being pregnant. Yoy won't be long getting your money back. Threaten to get on to your local radio station also.


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## Marion (12 Jul 2006)

> they replied asking if a third party could view the DVD.



I suspect this question had to do with data protection issues. What was your reply?

Marion


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## JohnnyBoy (12 Jul 2006)

Seriously,do people consider it worthwhile to chase up  a fraction of E150?The priority here is unquestionably the health of mother & child.I repeat,getting involved in legal wrangles at this stage is surely not worth it??


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## JohnnyBoy (12 Jul 2006)

BTW the original thread was posted last Oct,things have hopefully moved on


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## Marion (12 Jul 2006)

> BTW the original thread was posted last Oct,things have hopefully moved on



This is incorrect. The poster's scan took place last October. The thread started today.

Marion


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## JohnnyBoy (12 Jul 2006)

duly noted


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## Humpback (12 Jul 2006)

JohnnyBoy said:
			
		

> Seriously,do people consider it worthwhile to chase up a fraction of E150?


 
Sure what's €150 here or €150 there??? Or maybe the company providing this service do this same thing to every customer coming in their doors hoping that they'll all take the attitude that you're taking. Not that I'm implying that they do, but it would be handy money for anyone unscrupulous enough to take such a position.

If you pay for something, you should get what you pay for. Full stop. Whatever about the circumstances of the issue here, the principle of the thing is important as well.

If everyone let business away with this kind of thing we'd end up in a country where businesses were taking advantage of consumers at every turn possible. Oh, hang on! We are there already!


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## ubiquitous (12 Jul 2006)

purplealien said:
			
		

> I'd write them a letter telling them that on top of bringing them to court for the money, you're also going to sue them for the stress they've caused you while being pregnant. You won't be long getting your money back.



The corollary of this point is that they may not be in a position to refund you, or admit any wrongdoing, for fear of this being deemed an admission of liability were you to bring a case to tem for aggravated damages.



			
				purplealien said:
			
		

> Threaten to get on to your local radio station also.



No radio station will take up this issue if there is a hint of an objection from the business concerned, for fear of liability for libel.

In general it is simply not worth bringing a supplier or debtor to court in this country for sums as low as €150. This actually has been discussed in the past few weeks in the Askaboutbusiness forum in relation to a much higher sum owed to a poster and the advice there was to forget about it.


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## HelenQ (12 Jul 2006)

Hi everyone, 

this thread seems to have run with itself. I know €150.00 is a paltry sum but it was the attitude of the people involved. They did not want to acknowledge that a mistake was made. I got the impression that they felt it was my fault.

The baby is born and healthy thank God. But this scan was something that we both looked forward to for weeks. I even referred a friend of mine to her and her scan went well T.G. This will be the only baby we will ever have and what should have been a wonderful experience for us was totally ruined and their inability to accept liability or that a mistake was made is totally infurating. The lady who carried out the scan is qualified to carry out scans and her hubby is an Obstetrician and they both operate from the same office. 

I also wish to point out that I wasn't stressed out but very very disappointed with the service and of course their attitude.  We had driven over 120 miles on the day for the purpose of the scan and it is extremely annoying after doing this to find that basically you paid for nothing!


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## purplealien (12 Jul 2006)

> This actually has been discussed in the past few weeks in the Askaboutbusiness forum in relation to a much higher sum owed to a poster and the advice there was to forget about it.


What thread was that?


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## ubiquitous (12 Jul 2006)

http://www.askaboutmoney.com/showthread.php?t=31076


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## purplealien (12 Jul 2006)

ubiquitous said:
			
		

> http://www.askaboutmoney.com/showthread.php?t=31076


Thanks


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## Marion (12 Jul 2006)

The Small Claims Court couldn't apply in the post linked above because it doesn't involve a consumer and retailer. The poster was self employed and his dealings were with a business.

[I have, in the past, been successful in claiming £100 (IRL) through the Small Claims Court.]

Marion


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## ubiquitous (12 Jul 2006)

The OP has already stated that the SCC have refused to take on the case.


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## whathome (12 Jul 2006)

Our 3D scan in a Dublin 6 clinic worked perfectly.  €150 / solicitors / courts etc - I wouldn't bother with all that.


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## Marion (12 Jul 2006)

Hi Whathome

My sincere condolences.

Marion


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## Marion (12 Jul 2006)

> Did you go to an actual medical clinic, or one of these new businesses that's been set up privately to do baby scans?
> 
> If it's one of these private business, then the Small Claims Court would definitely apply.



Helen didn't state if it was a private business. She merely stated that the woman who carried out the scan is qualified.



> The OP has already stated that the SCC have refused to take on the case.



If it is a private business, then as RonanD john suggests in the quote above, the Small Claims Court may well be relevant.

Marion


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## HelenQ (13 Jul 2006)

whathome

I am so sorry about the loss of your baby boy.

Helen


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## michaelm (13 Jul 2006)

HelenQ said:
			
		

> . . I asked for a 2nd scan and was refused . .


*whathome*'s post is very sad and puts the original post in perspective.  IMHO HelenQ should let this one go, it's not worth the stress and, as for additional elective scans, I wouldn't bother with those either as there are safety concerns in relation over exposure to ultrasound.


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## HelenQ (14 Jul 2006)

Thanks for your post michaelm and it does show the sadness suffered by whathome.

I still intend to pursue it to some degree even if by a strongly worded letter as their attitude was appauling.  There was no word of apology.  Mistakes can happen but the lady in question and her husband were very very rude and abusive to us.  All they need to do was say sorry or make some gesture.


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