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Can circumstantial evidence rule out who is right in ' he said, she said' cases?

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trume_3454

Junior Member
Can circumstantial evidence rule out who is right in 'he said, she said' cases?

What is the name of your state (only U.S. law)? Any State

Years ago I was diagnosed (& have paper copy of diagnosis) with internal hemorrhoids that cause recurrent gastrointestinal bleeding. Now, during a routine wellness exam, FOBT showed traces of blood in my stool, and the physician suggested I should go for colonoscopy to diagnose its cause. I replied that I did not not care to diagnose it because I knew about it and was sure it was caused by internal hemorrhoids with which I have been previously diagnosed. The doctor then told me that I should still go for colonoscopy because I am over 50 and have not had colonoscopy in the last 10 years and that he would give me a preventive referral to screen for cancer.

This new colonoscopy confirmed my previous diagnosis of hemorrhoids but no signs of cancer. Now, I am billed over $1,000 because the doctor submitted a diagnostic referral saying I wanted to diagnose blood in my stool instead of doing age-related preventive cancer screening. I asked the doctor to re-code the referral to preventive and to re-submit it since I only went for colonoscopy based upon his oral promise that it would be preventive and thus free to me under Affordable Care Act. He refused to correct it saying that the above conversation between us never took place, and that, on the contrary, I told him myself I wanted a diagnostic colonoscopy to rule out that blood in my stool was not cancer.

Is the documentation about my first diagnosis of internal hemorrhoids and testimony of 2 family members (both are registered nurses who have previously seen blood in my stool over the years and know I was never interested in doing a 2nd paid diagnostic colonoscopy just to rule out cancer) would be sufficient in court as circumstantial evidence to prove that the doctor's interpretation of blood in my stool in the context of pre-existing condition of internal hemorrhoids did not warrant a diagnostic referral and that the above conversation likely took place?

Also, if this case it brought to court, would I likely be able to break even on such a lawsuit, that is, to have colonoscopy free and have my attorney fee and court costs paid out of punitive or other damage winnings?
 
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Zigner

Senior Member, Non-Attorney
You are responsible for the bill...I really don't understand WHO you think you'll be suing.
 

trume_3454

Junior Member
You are responsible for the bill...I really don't understand WHO you think you'll be suing.
Thank you for the reply. Did I understand it correctly that in situation of "he said, she said," circumstantial evidence would not help prove what side is right and the party that suffered material damage is always "left holding the bag?"

Another example. Your car engine makes some noise the cause of which you diagnosed with a previous mechanic who found it is not serious to warrant taking the engine apart at the cost of $1,000 and you decided to live with this noise.
Months later, your odometer and previous oil change sticker on windshield of your car show it is time for oil change. You tell your family you are going to a shop to change oil. You tell the shop attendant orally you came for an oil change and are told it would be $30. The shop assistant hears the strange noise of your engine and offers to diagnose it to which you reply that you already know its cause and do not want diagnosing it but that you want only an oil change. You came back to pick your car later to find out the bill is now $1,030 and the shop attendant tells you you never had a conversation with him only about $30 oil change but on the contrary, you asked him to find out the cause of some strange noise in your engine which they did. So, are you now responsible for the $1,030 bill too?

It is my understanding that false statements that lead to material losses of the person who relies upon them constitutes fraud and I am checking if circumstantial evidence can be used to prove it.


"Fraud: A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment (or omission) of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury."

In the case of oil change, such circumstantial evidence is 1. Your previous mechanic report showing you knew the reason for engine noise. 2. Testimony of your family members that you have previously known the cause of the engine noise and told them you had decided to live with it rather than spend $1,000 to find out if this noise is caused by another reason and that you took your car for an oil change. 2. Odometer and still remaining windshield sticker showing it was time for an oil change

In the case of my doctor visit, such circumstantial evidence is 1. Previous colonoscopy report showing that I knew the cause of blood in my stool before and therefore there was no need to diagnose it 2. Testimony of family members who have seen blood in my stool over the years, know that I knew its cause and know that I was not interested in a diagnostic colonoscopy.

I hope it clarifies it and sorry if it was not clear from the first time.
 
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Gail in Georgia

Senior Member
And again, just who do you think you'll be suing?

The physician who refused to re-code so you'd get a free colonoscopy out of the deal?

Gail
 

trume_3454

Junior Member
The physician is the one who mislead me with his false promise upon which I acted and suffered a material loss at the next service provider. So, my grievance is with him.
 

trume_3454

Junior Member
As long as you're in the US, you will not win this case - ever.
Would you please elaborate on your reply in light of how the circumstantial evidence listed above meets the materiality, relevancy, and competence requirements for admissible evidence.

Thank you
 

TigerD

Senior Member
Would you please elaborate on your reply in light of how the circumstantial evidence listed above meets the materiality, relevancy, and competence requirements for admissible evidence.

Thank you
No. You claimed any state. You can't get a specific answer to a question you planned as vague for the purpose of reading the answer you want into it. Additionally, your question is far too involved for an internet forum. You need to visit with a local attorney to discuss your case.

TD
 

Silverplum

Senior Member
You aren't a car, and you laid down on the table for a procedure you (obviously) agreed to permit. Bad analogy.
 

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