Can I sue for a dermatologist stating in their online ad that they accept Medicaid but when you go to call they deny you?

Asked over 1 year ago - Morgantown, WV

Can I sue for a dermatologist stating in their online ad that they accept Medicaid but when you go to call they deny you and say they do not accept Medicaid?

Attorney answers (2)

  1. Thomas J Callahan

    Contributor Level 18

    Answered . Sue for what? What are your damages? If they accept Medicaid in other cases, there is no misrepresentation. If they reject all Medicaid patients despite that ad, then report them to the state consumer protection agency or AG's office for false advertising, and perhaps also to DHHR, but again you may have no damages and just have to go to another dermatologist. If they take other Medicaid patients and rejected only you, whether yo have a claim for discrimination depends on why they rejected you. If because you are a member of a protected class (race, gender, ethnic minority), then your complaint goes to the state anti-discrimination agency. Being on Medicaid and/or poor, however, is not a protected class and so there is no discrimination. Again, your remedies may be to your consumer protection agency and/or to the Better Business Bureau.

    http://www.wv.gov/residents/Pages/ConsumerProte...
    http://www.wvdhhr.org/bcf/family_assistance/med...
    http://www.wvdhhr.org/bcf/policy/imm/immanualch...

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a... more
  2. James M. Osak

    Contributor Level 15

    Answered . It MIGHT be false advertising.
    You can file a complaint with the state.
    Lawsuit? Unlikely. What are your damages?
    Get on with your life.

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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