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linkavb

Junior Member
What is the name of your state (only U.S. law)? IN

Last year I've taken my son to ER because one day I woke up due to my son was throwing up violently. This throwing up continued from 3 a.m. to 7:00 a.m. and he even was throwing up at hospital's parking lot (that must've been recorded by their security cameras overlooking the parking lot). My son at the time was 10 years old and not an adult just yet. At home he became so weak so suddenly that he told me he could not walk. As a caring mother, and not knowing what's going on, I've taken my hospital to local ER at the hospital. Upon arriving at children's ER, a doctor on dutry was making rude remarks and told me that it was NOT an emergency and that it's a regular stomach flu that was going around during that season. She did not order any tests and she played God mode like she knew everything.

When we arrived in ER, I asked the doctor if she was in my insurance's network because during my previous visit to ER the hospital sent a doctor to me and that doctor was NOT hospital's employee but a contractor who was NOT covered by my insurance company. Later on I was presented with $1700 medical bill for that doctor's services!

So when I was asking that doctor (when I was in ER with my son) if she was covered by my insurance, she laughed at my face and told me she did not know if she was covered by my insurance or not.
Fast forward, 5 months after our ER visit.....I am receiving a medical bill for ER for $900 and the doctor's bill for $400 - I call my insurance co because last year the insurance was supposed to cover our visit 100% because I've paid last year my deductable of $5150 already and insurance DENIED the claim! I call my insurance and I ask them "Why was the claim denied?" - they reply and tell me "The doctor who was seeing your son, wrote in medical report that it was NON EMERGENCY VISIT" !

So let's look at my situation at a glance from doctor's perspective :

1. Your child is throwin up violently for 4 hours non stop - do you go back to sleep and let your child deal with his puke and his stress?
2. The child continues throw up when we arrived at the hospital - he threw up on parking lot - that's non an emergency either if someone is throwing up for 4 hours ok...
3. A child is so weak and severely dehydrated that he told me he could not walk and I had to get a wheele chair for him and wheel him into ER - that's non an emergency either
4. A frantic parent who is NOT a medical professional and does not know what's going on is trying to save her child by getting him into ER and a doctor says and write to insurance - NON EMERGENCY visit - The Insurance CO REFUSES TO PAY THE BILLS! THe parent is faced with $1300 in medical expenses for trying to get help for her child??

At this point I've had it with such doctors who play GOD mode and decide who does what and who has what. She could've simply told us it's non an emergency go visit your family doctor. Instead she kept us in ER room for 4 hours!!!!!

I want to sue this doctor at least for the amount I am forced to pay now. Could someone tell me how can I proceed? Do I file with small claims court? Any help would be greatly appreicated.
Thanks
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? IN

Last year I've taken my son to ER because one day I woke up due to my son was throwing up violently. This throwing up continued from 3 a.m. to 7:00 a.m. and he even was throwing up at hospital's parking lot (that must've been recorded by their security cameras overlooking the parking lot). My son at the time was 10 years old and not an adult just yet. At home he became so weak so suddenly that he told me he could not walk. As a caring mother, and not knowing what's going on, I've taken my hospital to local ER at the hospital. Upon arriving at children's ER, a doctor on dutry was making rude remarks and told me that it was NOT an emergency and that it's a regular stomach flu that was going around during that season. She did not order any tests and she played God mode like she knew everything.

When we arrived in ER, I asked the doctor if she was in my insurance's network because during my previous visit to ER the hospital sent a doctor to me and that doctor was NOT hospital's employee but a contractor who was NOT covered by my insurance company. Later on I was presented with $1700 medical bill for that doctor's services!

So when I was asking that doctor (when I was in ER with my son) if she was covered by my insurance, she laughed at my face and told me she did not know if she was covered by my insurance or not.
Fast forward, 5 months after our ER visit.....I am receiving a medical bill for ER for $900 and the doctor's bill for $400 - I call my insurance co because last year the insurance was supposed to cover our visit 100% because I've paid last year my deductable of $5150 already and insurance DENIED the claim! I call my insurance and I ask them "Why was the claim denied?" - they reply and tell me "The doctor who was seeing your son, wrote in medical report that it was NON EMERGENCY VISIT" !

So let's look at my situation at a glance from doctor's perspective :

1. Your child is throwin up violently for 4 hours non stop - do you go back to sleep and let your child deal with his puke and his stress?
2. The child continues throw up when we arrived at the hospital - he threw up on parking lot - that's non an emergency either if someone is throwing up for 4 hours ok...
3. A child is so weak and severely dehydrated that he told me he could not walk and I had to get a wheele chair for him and wheel him into ER - that's non an emergency either
4. A frantic parent who is NOT a medical professional and does not know what's going on is trying to save her child by getting him into ER and a doctor says and write to insurance - NON EMERGENCY visit - The Insurance CO REFUSES TO PAY THE BILLS! THe parent is faced with $1300 in medical expenses for trying to get help for her child??

At this point I've had it with such doctors who play GOD mode and decide who does what and who has what. She could've simply told us it's non an emergency go visit your family doctor. Instead she kept us in ER room for 4 hours!!!!!

I want to sue this doctor at least for the amount I am forced to pay now. Could someone tell me how can I proceed? Do I file with small claims court? Any help would be greatly appreicated.
Thanks
I strongly doubt you can successfully sue anyone involved.

In future, please stick to facts without rage, rants, or other excess.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? IN

Last year I've taken my son to ER because one day I woke up due to my son was throwing up violently. This throwing up continued from 3 a.m. to 7:00 a.m. and he even was throwing up at hospital's parking lot (that must've been recorded by their security cameras overlooking the parking lot). My son at the time was 10 years old and not an adult just yet. At home he became so weak so suddenly that he told me he could not walk. As a caring mother, and not knowing what's going on, I've taken my hospital to local ER at the hospital. Upon arriving at children's ER, a doctor on dutry was making rude remarks and told me that it was NOT an emergency and that it's a regular stomach flu that was going around during that season. She did not order any tests and she played God mode like she knew everything.

When we arrived in ER, I asked the doctor if she was in my insurance's network because during my previous visit to ER the hospital sent a doctor to me and that doctor was NOT hospital's employee but a contractor who was NOT covered by my insurance company. Later on I was presented with $1700 medical bill for that doctor's services!

So when I was asking that doctor (when I was in ER with my son) if she was covered by my insurance, she laughed at my face and told me she did not know if she was covered by my insurance or not.
Fast forward, 5 months after our ER visit.....I am receiving a medical bill for ER for $900 and the doctor's bill for $400 - I call my insurance co because last year the insurance was supposed to cover our visit 100% because I've paid last year my deductable of $5150 already and insurance DENIED the claim! I call my insurance and I ask them "Why was the claim denied?" - they reply and tell me "The doctor who was seeing your son, wrote in medical report that it was NON EMERGENCY VISIT" !

So let's look at my situation at a glance from doctor's perspective :

1. Your child is throwin up violently for 4 hours non stop - do you go back to sleep and let your child deal with his puke and his stress?
2. The child continues throw up when we arrived at the hospital - he threw up on parking lot - that's non an emergency either if someone is throwing up for 4 hours ok...
3. A child is so weak and severely dehydrated that he told me he could not walk and I had to get a wheele chair for him and wheel him into ER - that's non an emergency either
4. A frantic parent who is NOT a medical professional and does not know what's going on is trying to save her child by getting him into ER and a doctor says and write to insurance - NON EMERGENCY visit - The Insurance CO REFUSES TO PAY THE BILLS! THe parent is faced with $1300 in medical expenses for trying to get help for her child??

At this point I've had it with such doctors who play GOD mode and decide who does what and who has what. She could've simply told us it's non an emergency go visit your family doctor. Instead she kept us in ER room for 4 hours!!!!!

I want to sue this doctor at least for the amount I am forced to pay now. Could someone tell me how can I proceed? Do I file with small claims court? Any help would be greatly appreicated.
Thanks
You do not have a pediatrician for your son? That is who you should have called.

I do not see that you have any legal action to pursue over the non-emergency emergency room billings. Sorry.
 

Zigner

Senior Member, Non-Attorney
You will want to check your health insurance policy for the definition of what constitutes an emergency and, if your situation meets those criteria, appeal the decision.
 

Silverplum

Senior Member
http://www.mayoclinic.org/symptoms/nausea/basics/when-to-see-doctor/sym-20050736

http://kidshealth.org/parent/firstaid_safe/emergencies/vomit.html

No one says to run to the ER. :cool:
 

ecmst12

Senior Member
There are situations where severe vomiting would be an emergency and the child would need IV fluids. I think you can make an argument that a reasonable lay person would have believed it was a true emergency. Appeal the claim denial through your insurance company's process.

However, for a situation like this in the future, it would be a good idea to call the pedi before going to the ER, since the nurse can ask some questions to determine if he can be treated at home vs needing the hospital. And trust me, they will always err on the side of advising you to go to the hospital if there is ANY question - and that will cover you for your insurance company too.
 

Shadowbunny

Queen of the Not-Rights
When we arrived in ER, I asked the doctor if she was in my insurance's network because during my previous visit to ER the hospital sent a doctor to me and that doctor was NOT hospital's employee but a contractor who was NOT covered by my insurance company. Later on I was presented with $1700 medical bill for that doctor's services!

So when I was asking that doctor (when I was in ER with my son) if she was covered by my insurance, she laughed at my face and told me she did not know if she was covered by my insurance or not.
Rarely will a doctor know the ins-and-outs of YOUR insurance plan. There are hundreds of plans -- it's not their responsibility to know what your plan covers, including network status.
 

Proserpina

Senior Member

Insert "horrified" face here.

I'm sorry folks, but this is outrageous.

Since WHEN have doctors been expected to know who may or may not have coverage?

We ask "Do you accept BlinketyBlink Insurance?"

We are told "Yeap"

And that's true. Because the real question has been completely ignored. "Yeap" does NOT mean "Hang on, I'll just access my brain to remember exactly which patient has which coverage before I try to actually decide what's wrong with your son". "Yeap" merely means "I have worked with BlinketyBlink Insurance before".

More to the point though, if you think your child is in danger and you run to the ER - do you really want to have the doctor find out the insurance details before he treats? Are you going to take the child back home if your particular insurance company doesn't work with that physician?
 

cbg

I'm a Northern Girl
Only mildly related to this thread, but here's a tip from someone who's spent most of her adult life working with health insurance carriers from within, without, and from third party administrators:

The question to ask is not, "Do you accept XYZ insurance?" A Yes answer to that translates to, If XYZ Insurance sends us a check, we'll cash it.

The question to ask is, "Are you a participating provider with XYZ Insurance?" Even better is, "Are you a participating provider with XYZ Insurance's HMO (or POS, or PPO, whichever is appropriate) network?" A Yes answer to THAT question will give you a leg to stand on if it later turns out that they do not.
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? I

So let's look at my situation at a glance from doctor's perspective :

1. Your child is throwin up violently for 4 hours non stop - do you go back to sleep and let your child deal with his puke and his stress?
2. The child continues throw up when we arrived at the hospital - he threw up on parking lot - that's non an emergency either if someone is throwing up for 4 hours ok...
3. A child is so weak and severely dehydrated that he told me he could not walk and I had to get a wheele chair for him and wheel him into ER - that's non an emergency either
4. A frantic parent who is NOT a medical professional and does not know what's going on is trying to save her child by getting him into ER and a doctor says and write to insurance - NON EMERGENCY visit - The Insurance CO REFUSES TO PAY THE BILLS! THe parent is faced with $1300 in medical expenses for trying to get help for her child??

At this point I've had it with such doctors who play GOD mode and decide who does what and who has what. She could've simply told us it's non an emergency go visit your family doctor. Instead she kept us in ER room for 4 hours!!!!!

I want to sue this doctor at least for the amount I am forced to pay now. Could someone tell me how can I proceed? Do I file with small claims court? Any help would be greatly appreicated.
Thanks
That should read "from a parent's perspective" .
By their very extensive schooling and training, Doctors get to decide (in a medical setting) who does what and who has what!

For future reference, you should probably find an MD and establish your family as patients of the MD. Or find an Urgent Care clinic that can provide services. And educate yourself regarding your insurance coverage, as well as what constitutes an emergency.
 

Ohiogal

Queen Bee
Based on this poster's history, she is trying to get whatever she can medically without paying anything for it.
 

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