What are my rights regarding paying for amedical procedure that failed?

UPDATED: May 11, 2011

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What are my rights regarding paying for amedical procedure that failed?

Also, am I responsible for a bill at one price when quoted another price originally and sent a full year later? I had a venous leg surgery that did not work. I was told that it would cost me $1,000 out-of-pocket or insurance would cover it all. Over a year later, I received a bill for over $4,000 for what insurance did not cover. I have written to the doctor and received no response, but I did recieve another bill threatening to take me to collections.  What do I do to protect myself?

Asked on May 11, 2011 under Bankruptcy Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you cannot afford to hire an attorney, you need to file complaints with the medical board regarding this bait and switch tactic and medical malpractice. If the procedure didn't work and it was supposed to, you better get a second opinion from a specialist who can tell you if the odds are it is supposed to work versus possibly not being effective. Not every procedure is medically 100% so you really need to know medically what were the success rates of your surgery and whether you had any condition or issues that changed those odds. As to the medical bill, you better file a complaint immediately with your state's insurance department. If you wish to hire an attorney, do it quickly to avoid running into a statute of limitations deadline.

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