If a doctor made a visual only diagnossis but was wrong, if I had to go back and he corrected the diagnosis on second visit., should I pay?

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If a doctor made a visual only diagnossis but was wrong, if I had to go back and he corrected the diagnosis on second visit., should I pay?

My doctor diagnosed me with ring worm with just a visual exam and I went back to him and now he does a scraping of the infected area and tells me I have a staph infection. I feel that I should only have to pay for the cost of the lab work and nothing for the visit. I feel that this should have been done the first time and I should not have to pay for an additional visit to his office.

Asked on August 3, 2012 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, you are probably right, if a "visual diagnosis" (and not taking the scraping, running tests, etc.) would be considered negligent (careless; not up to accepted standards). In that case, you incurred an additional cost because the doctor did not run a test that a reasonable doctor should have.

Practically, if the doctor wants you to pay and you do not, he may send you to collections or even sue you--you have to ask yourself if it is worthwhile potentially facing litigation or collections for the amount at stake.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, you are probably right, if a "visual diagnosis" (and not taking the scraping, running tests, etc.) would be considered negligent (careless; not up to accepted standards). In that case, you incurred an additional cost because the doctor did not run a test that a reasonable doctor should have.

Practically, if the doctor wants you to pay and you do not, he may send you to collections or even sue you--you have to ask yourself if it is worthwhile potentially facing litigation or collections for the amount at stake.


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