I broke my nose during a sport activity, went to ER and then to a surgeon to repair the broken nose. Paid money upfront to the surgery center per surgeon request and billed my PPO insurance. My insurance covers all medical necessities procedure. On the day of the surgery, during the time I was out, the surgeon decided that he can not do the procedure and he changes the pre-operative paper work. According to his paper work and op report, he has manipulated the bone and sprayed with nasal solutions. The repair of fracture bone never took place. The surgery center has billed and collected the fees plus a fee for his services (all together). As result I have deviated symptoms, have headache and health related issues. Do I have a case.
Personal Injury Lawyer
You may want to seek a second opinion from another ENT Doctor Ear Nose and Throat doctor to determine what injuries you might have. Also you may also want to seek counsel from a medical malpractice attorney in your area. Use the Avvo attorney search bar for possible attorneys.
(206) 335-3880. We retain experts and begin contingency fees at 29%. However, communication through Avvo does not constitute legal representation. Representation by this law firm can only be established through a written agreement executed by both attorney and client. In the absence of such express representation agreement, this law firm does not represent the recipient or reader and no person or party should rely upon statements, opinions or advice contained herein.
Family Law Attorney
This doesnt sound like a medical malpractice case although it is difficult to say without reviewing medical records. It does sound like an insurance fraud/fraud case. If the phyisican never performed the surgery he should refund the money that was paid.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
Many medical malpractice cases come down to whether the doctor made an error which violated the standard of care or made a bad "judgment call" (decision) that was within the boundaries of the standard of care. Repair of a broken nose has a high degree of cosmetics involved but also functional considerations. A good surgeon thinks on his or her feet (they usually operate while standing). This means that he or she should be able to change plans as he or she gets under the skin of the patient. Successfully waging a medical malpractice case against a plastic surgeon or ENT for an imperfect outcome will be difficult. That said, speaking with a medical malpractice attorney is usually free, so there is no reason to fear calling one... maybe one who posts on Avvo?
As for ripping off insurance companies, should a doctor bill for services NOT performed, the loss would be that of the insurer. I would bet the insurer would love to know about it.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.