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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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5 days prior to my total hip replacement surgery, I was in

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5 days prior to my total hip replacement surgery, I was in the doctor's office for pre- op visit.While with his nurse practitioner in treatment room filling out paperwork prior to being taken for a x-ray, I learned what type of proceedure I was to undergo and it was not what I expected(posterior rather than anterior) and told the nurse my concerns about this. That my recovery time would be far longer than they told my disability provider and that because I live alone I would need to be placed in a rehab facility for some time after release from hospital. I had family flying in for a couple of weeks but that would not suffice for a posterior hip surgery. She left room to talk to the doctor. A minute later a different woman came into the room and told me that I obviously had problems with the surgery and thus it was been cancelled per doctors orders.She handed me a strip of paper and told me to leave and go to checkout. Stunned I went there and asked the clerk about refunding the money I had pre-paid to the doctor 2 months before when the surgery was scheduled. She sent me to the financial clerk who tried to find out what was going on , upon her return she said the doctor told her to refund as quickly as possible and notified the hospital as well that surgery was cancelled and I was to go there to get refunded the money I pre-paid to them forhospital co-pay costs as well when I had my pre-op labs, ekg , chest x-ray etc. and leave the office. Never spoke to or even saw the doctor. My concerns could have been resolved with 5 minutes of conversation and I never said I was unwilling to proceed with surgery. Does this constitute patient abandonment?
Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

I am sorry to hear that this situation has occurred.

Patient abandonment is when a doctor refuses to go ahead with necessary treatment after it is discovered that the patient cannot pay the cost associated with treatment. Therefore, since that is not your case, it is not Patient Abandonment.

Unfortunately, it would be seen as a situation where the doctor was uncomfortable with continuing the procedure because it was his belief that you were not comfortable with what was going to be done.

And so it appears while in your mind it could have been resolved with a 5 minute conversation, the doctor did not feel the same, could have a schedule to keep and just wanted to move forward that day.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21914
Experience: 20 years of experience practicing law.
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