How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 3546
Experience:  Exeperienced Civil Litigator for both Plaintiffs and Defendants
Type Your Personal Injury Law Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

I was denied dental insurance years ago because they found

Customer Question

I was denied dental insurance years ago because they found that I had hepatitis c. I was shocked and thought it was a mistake, I had never been tested to my knowledge, after doing some research I learned patients permission is not needed. I asked my recent
doctor if he had done test and he denied, but my previous doctor that diagnosed me with hyperthyroidism fired me as a patient because I didn't show up for a scheduled operation. I believe this is who tested me, my problem is years later now I am quickly developing
liver damage symptoms, am trying to determine how long I have had hepatitis because the doctor didn't inform me nor did he offer any treatment and I believe that is not the way things should have been done. I can't seem to get anywhere asking for old records,
my current doctor (she is knew, my old doctor retired) says I have to get that information from the doctors office that did the testing well he is no longer at that facility and don't even know if he's practicing anymore, I Heard his daughter was killed by
drunk driver and he started having trouble after that. His name was Sharman. Shouldn't the positive hep c test be in my records somewhere? health department? How can I get them? And do I have some kind of suite if not malpractice, neglect of care, or because
I used drugs at the time he treated differently as I wasn't good enough to receive treatment, NEGLECT!
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of medico-legal experience. It is a pleasure to assist you today.

First off, I am sorry about your condition and the circumstances through which you found out about this condition. Based on what you have shared with me, it does sound like you have located the source of the test. Blood test, as you know, are performed prior to surgical procedures to test for things like Hep C.

Just because the physician left the clinic does not mean that your medical records left with him. Moreover, it is highly likely that the clinic still has copies of your medical records. I would start there by verbally requesting them and then sending a certified letter with a return receipt to the clinic requesting all of your records. They may be stored off site, but they should still have copies.

If you cannot get the records from them, then the insurance company that denied coverage may be a good secondary choice. They denied you for a reason and they may still have access to the source of that information as well.

As to filing a suit, it is possible. One issue you are going to have to overcome is the statute of limitations for filing a medical malpractice of neglect suit in one year from the occurrence. You may be able to argue that you just discovered the source of neglect and therefore the statute of limitations was tolled until you found out who diagnosed you and thus committed this act of neglect. So, you do potentially have a very viable suit, but you need to be able to overcome that affirmative defense of the defendant physician and clinic. You stand to win damages, past and future medical coverage cost damages as well as attorney fees and even punitive damages under the circumstances.

I'd start first by hammering the clinic for your records and then try to reverse the trail, so to speak, with the insurance company and how they found out this information.

Please rate my answer positively and let me know if you have any other questions or comments.


Expert:  Delta-Lawyer replied 1 year ago.

Did you have any additional questions or comments? I want you to be as comfortable as possible as you move forward with this important issue.