Clifton Park, NY asked in Health Care Law for New York

Q: Do I need to pay the bill for a wrong diagnosis done in hospital pediatric emergency?

This was when we were on a trip to new Jersey. My toddler kid who can't even speak had a nursemaids elbow (elbow dislocation). The emergency doctor did not even touch her to see what's wrong, ordered x-ray of the shoulder and that too the wrong shoulder and said everything is ok. The kid cannot speak yet and was still in pain. Luckily we have a family friend in that area who is a pediatrician. She diagnosed her properly, identified nurse maids elbow and fixed it by manipulation technique. This was at home visit to the family friend pediatricians place. Now the hospital that did not do the right thing already claimed about 10k from my insurance and sent us a bill for remaining amount too. I don't want to pay them. We had an option with our family friend. What if we did not have that option. Can I sue the hospital? At the least I don't want to pay them.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for your ordeal with your child's elbow dislocation. This does not appear to be something on which an attorney could readily offer a quick "yes" or "no" answer. Although you say the hospital did not do the right thing, it is possible that their version of the story could differ. You could contact attorneys in your area who deal with medical bill disputes to discuss the matter in greater detail. Good luck

Tim Akpinar

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