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LADYLAWYER
LADYLAWYER, Lawyer
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I had surgery on my knee. I prepaid for my procedure since

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I had surgery on my knee. I prepaid for my procedure since I don't have insurance. Now the surgeon and hospital are trying to charge me for 2 more procedures that were done while I was in surgery and 2 more hospital visits, even though I was only in the hospital one time. Is this legal?

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

LADYLAWYER :

Do you know if they actually did the 2 extra procedures on you? Have you spoken to the surgeon/hospital about this issue yet? If so, to what result? Thanks.

Customer:

Yes they did 2 extra surgeries, but without my knowledge. My fiancee' was in the waiting room and they didn't say anything to him about having to do them. I paid for the one surgery in cash before I had the surgery done. Now they are trying to charge me for 2 more surgeries and 2 more hospital visits. I got this information from the Doctor's office that did the surgery.

LADYLAWYER :

Thank you. Is there any way to know for sure that they did the surgeries? I ask because if they are blatently lying about the 2 extra hospital visits, I am wondering if the surgeries they are claiming thatwere done are bogus too? If you know for sure the surgeries were performed, were they necessary in the course of the other surgery that was being done? Were they foreseeable before you were being operated on?

Customer:

I had a MRI done, and I went in to get my miniscus repaired. Doctor says that once he was operating on me, he found that I needed cartiliage repair and something else. There's no way of telling what all was done.

LADYLAWYER :

Wow, okay. If the doctor never went over the fact that you might need more procedures during surgery, then there is an argument that you did not consent to the extra surgeries, and therefore, should not have to pay for them. Hopefully, you have copies of everything you signed and were gievn before the surgeries. If so, you need to review those things because you may have signed a consent form saying that you gave permission for extra surgeries, if they found anything else that was necessary to to to aid in your recovery, as they were operating. If you didn't sign anything of that nature, and if you didn't give verbal authorization for the extra surgeries, then unless it was a life-saving procedure, they shouldn't have been doneand you shouldn't be charged for them. I am concerned that they are billing you for phantom hospital visits and wonder if the extra surgeries are bogus too! At this time, I would go ahead and file a complaint with the TX Medical Board so that they can investigate. It is free and easy to do. You can file the complaint right online here: http://www.tmb.state.tx.us/consumers/DisciplinaryProcess.php

LADYLAWYER :

Based on the outcome of the investigation, you may or may not want to hire an attorney to seek additional compensation for facts that may be discovered.

LADYLAWYER :

The complaint needs to be filed one way or another based on the bogus hospital visits, but make sure to look at your forms to see about all the consent issues. If it is confusing or you still feel there may have been impropriety, then go ahead and add those issues to the complaint.

LADYLAWYER :

Please let me know if you have any further questions about this--I am happy to answer them! If not, would you kindly leave a positive rating for me at this time? It costs you nothing further to do but it is the only way the site will give me credit for my time. Thank you!

Customer:

Thank you so much! I will check all of the paper work as soon as I get home.

LADYLAWYER :

You're very welcome! I have enabled the rating system now. I hope I have provided you with excellent customer service today and that your rating will reflect that!

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