If my son went into surgery for a retractile testicle and the doctor then removed 2 hernia sacs without consulting us first, is this legal?

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If my son went into surgery for a retractile testicle and the doctor then removed 2 hernia sacs without consulting us first, is this legal?

The doctor sent us a $4000 bill; after I questioned the office it was dropped to $500. Do I have any legal rights to sue?

Asked on September 22, 2011 under Malpractice Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you have the right to sue on behalf of your minor son would be best addressed after you had a consultation with a person injury attorney who specializes in medical malpractice cases. In order to have a basis for bring a medical malpractice case against a licensed physician, a plaintiff will need to retain a physician to opine that the treating physician fell below the standard of care when 2 hernias were taken care of.

The issue is one of whether or not your son suffered any injury. I suggest reading the medical authorization form you signed for the surgery of your son to see if you allowed the surgery that resulted after he was opened up and the hernias were taken care of.


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