Medicine is not perfect--sometimes everything is done right, but the procedure is not successful. When that happens, the patient has no right to compensation or a refund. Only if the doctors or other care providers were negligent--or unreasonably careless, for medical care providers--or the care otherwise did not rise to the expected level of care, would malpractice have been committed; and only if malpractice were committed, would the patient have a viable claim for compensation.