Is my doctor responsible for paying for an autopsy that I knew nothing about?

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Is my doctor responsible for paying for an autopsy that I knew nothing about?

When I had a miscarriage this year my doctor told me not to worry about the autopsy, that she would take care of it. Later on she told us there was no autopsy done. I got my records from her and found out there was in fact an autopsy performed. We have now received a bill for it. The doctor’s office is telling us they do not pay for an autopsy. My husband and I did not sign for one to be done. There is no record of my son being born/dying at the hospital.

Asked on July 18, 2011 under Bankruptcy Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, I am so sorry you are going through this. Second of all, it sounds like either the doctor's staff made a huge error or the doctor herself failed to give you the correct information. Contact the doctor's office in writing, and explain that you were informed by the doctor to not worry about the autopsy and then she informed you later on one was not performed. Further, explain you found out later one was performed and you do not expect to pay for it when you have been lied to and told from the get go that you would not be responsible for the cost. Copy the same letter to the medical board in Texas, and make sure the cc is on the letter you send to the doctor's office and to the insurance company. Explain that if this is not handled to your satisfaction, you have a colorable claim for medical malfeasance, negligent infliction of emotional distress and possible malpractice.


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