A very odd situation help!

[selfprodigy]

I hate making my first post a cry for help but it is what it is, so here it goes.

My mother in law received a summons today for a seven hundred medical debt. The collection agency hired a lawyer to come after her. The paper doesn't say much other than you must appear or respond by october.

So the reason this is odd to start with.

She went to her doctor who found a lump on her breast, and he told her you need this removed. He sent her to this surgeon to remove it. She had the operation done, and went back to her doctor only to find that they didn't actually remove the lump. They removed some fatty tissue or something but not the lump. They said its okay just send her back over and we'll remove it. Well... My mother in law refused to see that doctor every again. I can't say that i blame her. She paid her hospital bills but refused to pay this surgeon. In fact since this happened three years ago she has been to afraid to even see a doctor and she still has the lump in her breast.

I told her to sue the doctor but she is much to christian for that. Now that she is being sued the doctor said he would be willing to testify on her behalf that the lump was not removed.

Since this is a different kind of situation i dont know if i should be asking for documentation. If i should be doing discovery or where to start really.... What do you guys think? Does she owe?

[WhoCares1000]

Uhhh, file a counter-suit for malpractice and I bet this goes away.

OK, let me expand on this. Anyone that has read the christian bible would see that god commands us to fight the wicked. Anyone who does not perform the service that they were expected to perform and then expects to be paid is a sinner and wicked (I am sure I could find a verse in Proverbs which would cover that).

Since they decided to sue your mother first, even if your mother is a christian, now your mother needs to fight. She was the one attacked, not the one doing the attacking. Hence, since the other doctor would testify that the procedure was not performed, you mother should file a malpractice suit because there is harm (you mother is now scared to get needed medical procedures done).

Now, I am not a fan of malpractice suits and think they are the biggest issue in health care costs today. However, it seems as though this doctor has no ethics and as such, the only way to solve this is through the courts.

Edited September 15, 2010 by WhoCares1000

[GlitterGal]

There is two possible tracks on this one.

First, you need to establish who billed your mother. If it was the doctor himself (as in, he owns the practice), I would countersue for malpractice.

If it was the hospital or if the doctor is employed by a hospital, then you should contact the hospital. Ask to speak to their Risk Management group. Trust me, they have one. Explain the situation in very simple terms. The surgeon did not do the work that was consented to.

Make sure you do not get emotional, and just explain that there is a lawsuit pending, and you do not think it is right and that you want the bill waived. If they balk, offer to sign a release that says you won't sue.

Trust me, Risk Management can make this go away and it will be MUCH cheaper for them if they do. They can also recall this from the collection agency and have the suit dismissed.

If you need any specifics about how to address this with the Risk Management group or if you are having trouble getting them (make sure when you call, you are very firm. You want to speak with Risk Management regarding a malpractice complaint.) PM me and I'll help you.

Also, you should consider getting her records and looking at them. They may tell you a little more about what occurred.

[chuckygee]

I agree with Whocares, the book of Judges was written about the establishment of Judges. Moses was the only one hearing all the complaints of the people. God instructed him to assign judges to hear the conflicts of the people and to resolve them. Tell her she has done her Christian duty by forgiving the surgeon, now it is her Christian duty to protect the resources that God has placed in her charge. Have her read the parable of the talents in the new testament. Christians have a responsibility to care for what God has given us charge over, including money.

[Guest usctrojanalum]

OP's mother can't counter sue for medical malpractice, the SOL has already passed. Well let me correct that, she can sue for med mal, but the doctor would have the affirmative defense of SOL. 2 years in Illinois.

[Guest usctrojanalum]

Medical Malpractice however is an affirmative defense to paying medical bills (at least in NY it is, I can't see a reason this would not be the case in other States) since you have a doctor who is willing to testify or provide an affirmation that based on his expert opinion a malpractice has occured, that should get your mother off the hook for this.