Q: This relates to a bill for a medical service that in my opinion was fraudulent and incompetent.
Here is my situation:
• I came to an orthopedic doctor complaining of pain in the heel of my foot
• Doctor said: "This is plantar fasciitis. Go to physical therapy. If it does not help, see me again and I do the X-ray."
The visit lasted 2 minutes; the doctor did not examine my foot.
The physical therapist was good: he examined the foot, pressed, twisted here and there and said: "I don't think the diagnosis was right. I cannot know what it is absent the X-ray." He proceeded to treat me and there was no improvement after 12 visits.
I refuse to pay the office bill of $180. The office insists on my paying.
I am ready to file a claim with the Small Claims Court in the amount of $1090 for the cost of unneeded treatment and my wasted time.
My questions:
• Is the office entitled to my paying this bill?
• Does my going to the Small Claims Court make sense? How will the case be ruled? I have no evidence to support my case.
• Can it be that the office wants to generat
A: You can certainly file a complaint with the state's medical board. If you don't pay, the doctor might send your case to collections and damage your credit, so take that into consideration. You may have to do a lot of legal fighting in court to sort this out with the doctor's office and the collections company, nevermind proving any victory in court to the credit reporting bureaus. As for suing for the alleged medical malpractice for $1090 or so, I'm not sure if it's worth the trouble. You make that decision. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
