Q: My daughter has recently been denied a hip replacement (she is 35) how can you help?

Her hip was damaged during a previous surgery, after which she had 2 hip scopes by that surgeon, who had to re-tack her labrum. During the 2nd hip scope he decided to shave the hip bone and now she has hip dysplasia and suffers from severe pain day and night. Her insurance company had denied a hip replacement simply because she is too young. In her current situation she has not quality of life, she relies on a high does of narcotics daily.....We have been fighting with insurance over the course of which a GP making the decision on the case manipulated the process. She had two Orthopaedic surgeons tell her she needs a hip yet insurance denies the coverage for the operation. There is a lot more to this story, and I believe we have a malpractice case again the first surgeon who damaged the hip and now against the insurance company....can you please provide direction? Thank you

1 Lawyer Answer

A: Chances are there isn't a good legal solution but a political one--you have to work with the Medical Society, patient organizations and your state and federal representatives to get support for regulations that limit the insurer's right to overule the decisions of specialists. In the near term, getting to as good a rehab hospital as possible would be helpful not just for health, but if they say she needs it it shows more and more the insurer's reliance on a staff that often consist of people with no specialization in the medical practice whose care they are denying. You could contact a member of the

caoc who handles "insurance bad faith" to check and see your legal options--they give free consultations.

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