What can I do if I feel that my doctor was negligent in my care, plus he jumped straight to a very expensive and invasive procedure, and now has me in collections?

About 2 years ago, I was suffering some very severe anal/rectal pain and sought help of a doctor. I went to a GI doctor who did not do a rectal exam on me but told me that I needed a colonoscopy which cost $1600. I consented and the doctor performed the procedure, however he did not come to the root of my problem. The pain was getting worse and worse and with no relief or answers, I was forced to seek a second opinion. The second doctor that I saw did a rectal exam and found that I had an anal abcess and fissure which ended up needing surgery to treat and correct.

Asked on July 28, 2014 under Malpractice Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your doctor either negligently (carelessly) or intentionally (such as to be able to bill for an expensive procedure, without regard for your needs as patient) provided medical care that did not meet generally accepted standards for such care, he may have committed malpractice. If so, you could potentially recover from him an additional or duplicative medical costs (e.g. costs that you would not have incurred but for his malpractice) and possibly some amount for "pain and suffering" for living with significant pain or impairment of life for  period of time.

However, medical malpractice claims can be expensive--among other things, you need to hire a medical expert to support your claim. You should speak with a medical malpractice attorney (many provide free consultations; check on this before meeting) to evaluate the strength and possible value of your case.

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