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I had back surgery on Sept 17th 2008 . the surgery was not successful and it cost me 30,000 dollars cash. After complaining they said i needed the other side done and to send them 25,500 . I said noway and after several months of phone calls they agreed to do the surgery free to me but charge my insurance company. Then they started to ja ck me around ,have a stress test , lose 25 pounds,have a heart cath etc. I've done all that now they won't even return my calls for the past two weeks and i've called everyday. I've spent a lot of money on these tests and would like to try and recoup some somehow.
Thankyou, Daniel Lynch
Two issues:
1. If you have documentation wherein the surgeon (or employee of surgeon) agrees to provide the additional surgery free, or, if you have a witness who can testify to the surgeon's oral agreement, either may be an enforceable settlement agreement, because the surgeon would be impliedly admitting some responsibility for the failure of the first surgery.
2. If the failure of the first surgery is due to the surgeon's failure of due care, then you can sue for malpractice, despite any documentation or provable oral agreement. A malpractice lawyer could probably handle both suits, and would probably make both claims in the same action.
For a medical malpractice attorney referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=FL and www.martindale.com.
Hope this helps.
Your wife is a highly biased witness, which would cause the court to give your wife's testimony little weight. Moreover, unless she actually heard the conversation (e.g., on speakerphone), then she couldn't testify to what the director said, because personal knowledge of the other person's statements is required for such evidence to be admissible in court.
So, I'm afraid that your wife's testimony will not work.
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