If my surgeon canceled surgery and never rescheduled, can he keep fees if no service was performed?

Question Details: I was scheduled for elective surgery and the surgeon cancelled a week before for two reasons 1 I had flu/bronchitis/asthma and could not be immediately cleared by my primary doctor for surgery 2 he had a backlog of surgeries to perform and didn't want to risk having to cancel mine at the last minute without refilling the slot. After cancelling me, he was able to fill my surgery date with another patient and suffered no loss. His office never called me to reschedule my surgery. I subsequently decided I no longer wished to have the surgery and went to his office to inform him. In person, he agreed to refund my surgery fees and asked me to reach out to his office staff so they could coordinate the refund. Since then for 3 months now, his office has given me the runaround, with various excuses as to how they are "working on" the refund, the finance person needs to approve it, the finance person is out of the office, etc. I anonymously called the office to ask for the finance person by name and was told by the receptionist that no one by that name works there. The original office staff who was told verbally by the doctor to coordinate my refund has now stopped returning my emails and calls. On Yelp, I now see this doctor has a reputation for trying to keep surgical prepayments even when no surgery is performed. The contract I signed only addressed medical risks, not any refund policy, nor is a refund policy posted in the office. After I paid for the service, I was given a receipt that stated, "There are no exchanges or refunds on surgery payments" but again this is after payment was made and without prior informed consent or my signature. The fee he is trying to keep is $10,000, no small cancellation fee. Again, I have received nothing for it and he suffered no loss of operating time. Is this legal?

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