If a doctor ran unauthorized tests, what can I do about it?

I came to a new doctor for my yearly routine preventative health checkup with no concerns of my health. Now I have received my bill and it was frankly quiet a shock to see $3,393.22 of lab work requested by my doctor fro a diagnostic clinic. There were 14 tests were run with everything from hepatitis to B 12. During the health visit, I mentioned to the doctor that I have no allergies, no health issues nor symptoms but simply wanted to do the preventative yearly visit that is free. I emailed the doctor and asked why he ran 14 tests and he wrote that he does that with all his new patients. I did not know that.

Asked on February 9, 2016 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You appear to have reasonable grounds to contest the bill: there was no informed consent, or any sort of agreement, to the procedures based on what you write. There also may be consumer fraud, if they lured you in with a "free" visit then hit you with a bill like this. You may wish to let the doctor know that unless they drop, or at least seriously reduce, the charges,  you will file an ethical complaint with the state licensing board and also contact the state attorney generally and (if the advertising was false) possibly also the FCC as well. If they will won't cut the charge, contact those various agencies--if they find anything actionable, it may help you in any court case you get in--and you can refuse to pay, forcing the doctor to sue you for the money. If he does, then raise false advertising, fraud, and lack of consent as defenses.


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