I went to an ENT surgeon to have my deviated septum and broken nose fixed. The surgery was not successful in that I still cannot breath from my nose. I have to have it corrected by another doctor. A different ENT I went to looked at my before and after CT scans and found that the deviated septum was never changed. From what my current doctor tells me the surgeon charged me and my insurance company to fix the deviated septum but he never touched it. Is there anything I can do? This was about 2 years ago in New York. The place of business is in New York, however, I currently live in Boston, MA.
You need to see a New York medical malpractice attorney quickly if you want to pursue this. Please review the New York state statute of limitations for medical malpractice which is generally speaking 2 years and six months, from the date of malpractice subject to any tolls, and exceptions that you will need a new York attorney to discuss with you to see if they apply to this matter. The original operative report with any pathology report from two years ago will be an important piece of information. Don't delay.
The answer to this question is for general purposes only and does not establish an attorney-client relationship, and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
It seems like this would be a NY issue, despite you currently living in Boston. It's also my opinion that you should consult an attorney about this issue, as you'd likely have to prove that the procedure was never performed, and I imagine the surgeon could produce witnesses that would say that it did.
There should be surgical notes from the procedure which can be ordered and reviewed by an attorney. Avvo has a terrific lawyer finder tool to locate a local attorney.
Presumably, the insurance co. is not pre-approving this procedure when their records show they already paid for it, even though it wasn't done. The billing codes on your prior Dr's payment claim may have included (i think the procedure is called) septorhinoplasty. This could be just an issue of just clarifying with your insurance carrier what was done and what was billed for. They may be able to resolve this on an administrative level. You might try sending them the prior Op report and getting it straightened out (no pun intended). Best of luck.
The information provided is intended to convey general information and is not intended to be, and should not be considered, legal advice, counseling or opinion. You should not act, or refrain from acting, based upon any of the content contained herein. A response to your inquiry itself does not create an attorney-client relationship, and no such relationship may be implied or construed. Responses are general opinion only, and are of course, free to be disregarded.
Order a copy of all your medical records ASAP- this will assist in evaluating what is going on
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