WSVN — They paid for surgery that a South Florida woman did not receive. Then her surgeon refused to refund her money. Can a doctor keep your money if they don’t provide the service? Here is tonight’s Help Me Howard with Patrick Fraser.
When you say, “The Boss,” some people want to scream, but not at The Queen’s Flowers…
Katheleen Borrosso, admires her boss: “The greatest man I have ever worked for in my life.”
Kathleen’s boss is Herbert Jordan — whose employees like him so much, one had the company logo tattooed on his arm.
Herbert Jordan, The Queen’s Flowers: “I manage the company here.”
Patrick Fraser: “You’re the boss?”
Herbert Jordan: “I pretend to be the boss.”
The humble man grows flowers in Colombia and flies in at least two big cargo planes a day to supply parts of the United States.
But even the boss can have a problem…
Kathleen Borrosso: “You have to do the right thing and this is not right. This is not right.”
After beating cancer, Herbert’s wife decided to have plastic surgery. On July 2, she signed a contract to have the surgery on July 27. Jordan wrote a check for $21,700.
But there was already a problem with the contract.
Kathleen Borrosso: “It said you had to have the clearance four weeks prior to the surgery.”
Clearly Mrs. Jordan couldn’t get the clearance that quickly. And then she went to get a check up with her doctor.
Herbert Jordan: “I don’t recommend you have non-necessary surgery at this point.”
Kathleen Borrosso: “Because they found something on her EKG.”
And that’s when things got complicated. Herbert said they told the doctor’s office they were canceling the day they found out about the heart issue.
The doctor’s office said it wasn’t canceled because they needed something in writing from the doctor to make it official. Then, three days before the scheduled surgery, Mrs. Jordan met with a cardiologist who gave her the clearance to have the surgery.
But…
Herbert Jordan: “She was not ready for that.”
Kathleen Borrosso: “She was nervous.”
The doctor’s office told me being nervous is not a valid reason to cancel. They were willing to let Mrs. Jordan reschedule, but she said no.
Herbert says a few weeks later, she changed her mind and they contacted the doctor’s office again.
Kathleen Borrosso: “She tried to reschedule. He said, ‘I am not operating on you.'”
The doctor’s office said they refused to do the surgery then because this had escalated into a legal matter.
Herbert said fine, then return my money. The doctors office said no.
Herbert Jordan: “I don’t know the reason. I couldn’t talk to the doctor at all. I tried to contact him.”
Herbert says if the doctor incurred any expenses, he is willing to pay those. And if the doctor’s office returns any money, Herbert won’t keep it.
Herbert Jordan: “I will donate it to charity. No problem.”
Herbert says its not about the money. It’s the principle that the doctor shouldn’t get money for a surgery he didn’t do. Herbert’s employees call it doing the right thing for their boss.
Kathleen Borrosso: “Why would you do that to someone who is such a good person, who has done so much for so many people.”
Well Howard, what do you think?
Howard Finkelstein, 7News Legal Expert: “This is the sort of case that gives judges headaches. You can make a good argument for both sides, but with such different perceptions of what occurred, it would take a trial to sort it out. Hopefully the two sides can just come to a compromise.”
We contacted Dr. Tracy Baker’s office. They sent us a detailed description of their procedures and conversations with Mr. and Mrs. Jordan during that month. I asked if they would return any of the $21,000 Herbert Jordan paid — they didn’t respond.
But his staff deeply admires him. One wrote, “Dr. Baker is an honest, caring highly respected plastic surgeon.”
Herbert may not get any money back, but he has something money can’t buy: he is deeply admired by his employees…
Kathleen Borrosso: “When I die, I will bleed Queen’s Flowers. It’s all I know.”
This one is complicated because the sides disagree on the facts, and most communication between them was over the phone. If you are in a similar situation, make sure all the back and forths are in writing — such as email to back up your claims.
Feel like someone is bossing you around? Don’t let the blooming problem trouble you. Contact us. Hopefully we make make things a little rosier for you.
CONTACT HELP ME HOWARD:
Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN
On Twitter: @helpmehoward7
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