Canton, MA asked in Health Care Law for Massachusetts

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

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
  • New York, NY
  • Licensed in Massachusetts

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.

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