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How to legally handle an unnecessary surgery (medical malpractice)?


A teenager is rushed to the hospital. They wait all night until she's admitted next day by 6:00 AM. By 7:00 AM a doctor shows up and determines it's appendicitis and she has to undergo surgery (appendectomy). Her parents ask for a CT scan to be completely sure. Doctor says it'll take up to 2-3 hrs before getting the results and the girl needs immediate surgery. He gives instructions to send her to the OR but she waits 7 hrs in her room before she finally enters the OR at 2:30 PM. There is plenty of time to have a CT scan done but it's not done. Appendectomy goes fine but there is nothing wrong with the appendix. The doctor and hospital try to collect money for this and the girl's parents refuse to pay. They look for a lawyer but the case is not attractive money wise, so nobody wants to take it. Doctor鈥檚 office threatens to send the account to collections. The parents need help. Is there a way to find a legal representation for them or a doctor's board to report this medical wrong doing

Check with your local state bar association website or it's listed in the phone book. There should be a Medical Malpractice lawyer at least willing to give a consultation and decide the merit of it.
I would call everyone until I got a "yes" from one of them.

The other recourse is to contact the American Medical Association in your county and file a complaint with them and let them investigate it. They can determine it doesn't have to be paid, also. Lots of times if the doctor knows he's being investigated, he'll drop it.

I would file the complaint immediately and get it out then try to get a lawyer.

If it should go to a collection agency, they need to send a letter to the agency stating that it is a bill in dispute, that way the agency can't enforce collection. They should also send a letter NOW to the doctor trying to collect the bill, that they are disputing it until the matter can be looked into. They have this right according to the Fair Debt and Credit Act as consumers.

I would find a lawyer, somebody out there will take this case. if not, go to the media. Reporters love this stuff. Before you make a total mockery of the hospital and it's staff, the hospital will settle.

There are a lot of "if's" in your story, and although I completely understand that this girl had what turned out to be an unnecessary appendectomy, if the doctor and hospital can prove that they did what they felt was medically necessary to treat her, it isn't going to be that great of a case.

It can take months to find a lawyer. Try a small firm, partnership or sole practitioner rather than a large form with lots of overhead. A smaller practice will be more likely to take the case.

I do not think there was a medical malpractice in this case. The doctor used his best judgment in determining that there was a critical scenario and that the CT Scan would not substantially clarify or aid him in differentiating/excluding a diagnosis. He was wrong, but that does not mean that he was wrong because of a malpractice. The surgery was exploratory in nature, and billable.

there has to be somewhere..........i don't know how either...i'm faced with a bunch of pill pushing medic thgeorists that ...put my sis in a mental ward and openly admitted b to giving and prescribing the wrong meds.....the layers in this country {canada} don't have a clue about natural law and are in bed with the politicdians and the medics...if you look at it....it's called a society....a college of physicians and surgeons....dosn't have a damn thing to do with health /well being....or with the orgininal dictionary meaning of doctor/teacher.....or medicine...i was hit by a car in the middle of a pedestrian crossing..walking with the light.....no lawer in bc will take this up....because i refused medical opinions...but demanded the examinations be chiropractic/naturepractic...or
alternative.....needless to say...the court system in this country is sadly lacking....if you can get results...if you can find someone....it is so needed.....try the search sites...and never give up..untill you know giving up is having something to offer...something to give....to live for....ty see ya

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