Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum. I am very sorry to hear of this, as ongoing pain can be extremely difficult to deal with. Let me look into a few things.
California's Health and Safety code governs Patient's rights, in addition to the contract between the patient, the insurance company, and the authorized provider. A few more minutes please.
You can file a complaint against the doctor here: http://www.calpatientguide.org/vi.html. They will investigate and determine what administrative action should be taken.
Here is the complaint form: http://www.dmhc.ca.gov/library/pc/multilang/complaintEN.pdf
This form is for complaints against both providers and/or insurance companies.
Here is the regulating agency that oversees complaints regarding doctors: http://www.mbc.ca.gov/consumer/complaint_info.html
None of the above solutions will result in monetary compensation, however; but rather is focused on disciplinary action. If you are interested in monetary compensation for the additional delay, the option would be to file a lawsuit for medical malpractice, and negligence; based on the provider's agent's (office staff) negligent action in acting with due diligence in obtaining the necessary authorization for your procedure. Medical malpractice cases are very time consuming, and expensive (as expert witnesses are generally involved). You may, however, be able to find an attorney that will handle this on contingency; meaning the plaintiff/patient generally will not have to pay money unless a monetary judgment is obtained. Generally, the damages would include expenses incurred as a result of delay (i.e. additional pain pills, additional home care, lost wages) along with possible pain and suffering; and if malice is found, then sometimes punitive damages, so as to discourage this action by others.
You mention you are in California, so I will link you to the state bar's referral page.
It would be best to find an attorney that focuses primarily on medical malpractice cases, as they generally have a network of expert witnesses that can help accurately assess the situation.
I see you are offline. If you have any questions on the above, please post them here and I will respond as soon as I see it. If you have no further questions, and I have answered your questions in a satisfactory manner, please consider rating my services positively as that is how I receive compensation for my services. Either way, I hope that you are able to resolve this in your favor, with minimal pain. Under the circumstances, you may want to see if the doctor will push your procedure up, so that you are not having to experience additional pain.