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I had an antireflux surgery this May. Now I am suffering with

 
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  • Answered by:LawPro1
  • Attorney
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in Personal Injury Law

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Customer Question

I had an antireflux surgery this May. Now I am suffering with pain. I was told that i have a bulged disc in my neck. I did not have that before the surgery. On top of that i am being billed an extra 10k for the same procedure that I have already paid for.

 

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Country relating to Question: United States
State (if USA): Alabama

Already Tried:
I havent tried anything

Submitted: 275 days and 22 hours ago.
Category: Personal Injury Law
Value: $28
Status: CLOSED

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Expert:  LawPro1 replied 275 days and 22 hours ago.


LawPro1 :

Hello and Welcome to JustAnswer!I have been a lawyer over 20 years, and I look forward to assisting you.

Customer :

Hello,

LawPro1 :

Anti-reflux surgery is usually referred to a surgical technique that strengthens the barrier to acid reflux when the lower esophageal sphincter does not work normally and there is gastro-esophageal reflux. I assume this is what you are referring to. You are now experiencing pain and have been diagnosed with a bulging disc to your neck. When did the neck pain start in relation to the surgery? Are you experiencing pain anywhere else?

Customer :

The moment I woke up in recovery, I was experiencing horrible pain.....I also have pain in my shoulder, arm, and leg

Customer :
LawPro1 :

Well injuries can occur during surgery, depending on how you were manipulated during the surgery. I assume you made these complaints to the surgical staff and the hospital right after the surgery???

LawPro1 :

I assume they said that the pain will go away in time?.?.

Customer :

Yes, I did but the nurse told me that the doctor said that I would be fine and that I could not have anymore pain medication and to send me home

LawPro1 :

It is possible to prove that the staff deviated from the standard of care durig the procedure ultimately causing the injury to your neck and surrounding area. Especially if this condition gets worse overtime, and (for example) let's say you need surgery to correct the problem a year from now. I'm fairly certain, if that situation were to arise a local attorney would take this potential claim on your behalf. Also, why are they billing you more for the procedure.

LawPro1 :

Also just for your general information, Medical Malpractice is the Negligence or failure on the part of a medical professional or a health care provider to meet the standards of good medical practice in the field in which he/she practices. Medical malpractice occurs when a doctor, hospital, HMO, nurse, any other individual or entity licensed to provide medical care or treatment fails to provide such competent medical care, or does something that competent medical professional would not have done. This failure may result in injury, death or economic damages to the patient. It could also incur as a result of an injury to a patient during a surgery.

Customer :

I don't understand why the hospital is billing for a procedure that I have already paid for. The staff was unorganized messy and mean!! I did not feel comfortable at all.

LawPro1 :

Did they give you any reason whatsoever?

Customer :

No, (you mean for the extra bills right?)..... The treatment was so horrible that I couldnt bare going back to that particular facility for anything because I was afraid that something worst would happen to me...I found out everything I know now from the V A facility..... I have the billing statments but they are for the same procedure that I have already paid for

LawPro1 :

If I were you I would consult with a local attorney IMMEDIATELY. Bring him/her a copy of your medical records including your MRI of your neck. Explain what happenned on all counts and also tell him about the additional fees. You cannot be billed for services beyond an agreed upon price that you already apparently paid. However, you should not wait to consult the local counsel, because there are statutes of limitations that could limit your ability to recover if not filed within certain timeframes. Let me know if this answers your question for now. Let me know if you have additional questions, and please don't forget to hit the ACCEPT button. I am here to answer additional questions if needed!

Customer :

I don't know of any smart local lawyers here in Mobile, AL.... Do you know if I have a malpractice case...should I wait to see if I'm going to need surgery to correct this?

LawPro1 :

There are good Med Mal Lawyers in your area. The internet could help in a quick search. You do have a potential MedMal claim but the attorney has to see your medical records to render an opinion. he will have one of his own Dr.'s look at those records and films. An DON"T wait to see if you need surgery. Go to the attorney NOW!!! this is important!!!

Customer :

Thanks !!! I hope I dont have to have additional surgeries ...I'm afraid... Thanks alot.... Speaking with you made feel comfortable

LawPro1 :

I'm glad I wish you lots of luck!!!!

Customer :

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 98.5 %
Accepts: 151
Answered: 7/9/2012

Experience: Very experienced in Personal Injury and Medical Malpractice.

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