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unathorized and unnecessary blood tests..forced to pay

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omegaflux

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

I am posting this in the medical and small claims forum as I am not sure how to proceed. This took place in Ohio. As part of a medical class that required us to do clinical time at hospitals and fire departments I had to have a physical done. I went to one of my county's health clinics as I do not have insurance. I did pay for the visit and was made aware that any necessary lab work would come in the form of a bill from the lab. One of the things on the physical form was proof of chicken pox. I am quoting from the form: " Chicken Pox: Must have physician diagnosed illness, immunization OR titer demonstrating immunity." The OR is capitalized on the form. I presented the doctor with paperwork from my pediatrician showing all of my immunizations and illnesses. The paperwork said very clearly "had chicken pox." The doctor, like some others I've dealt with, didn't take the time to read the forms I gave her. She said I would need to have blood drawn for a chicken pox titer. I told her to read the form and pointed out where my pediatrician said I'd had chicken pox and thought that was that. She said she wanted to do get a blood draw to check my hemoglobin and sugar. I then come to find out she sent my blood in for the titer. I just received a $150 bill from the lab. I did not need the titer, since I had a physician's diagnosis, and told her when she initially talked about a blood draw that I didn't need the titer. She did it anyway. It was unnecessary and unauthorized. I called the clinic manager and after a few days with no return call called back. I reached her today and she said she would call me later because she wanted to speak with the doctor. When we spoke later on, I told her the test was unnecessary and I did not authorize it. She had my physical form in from of her and said the my physician didn't mark down the date so they did the titer. It does ask for "date of illness." I informed her I could have easily given the date, and there not being one does not mean it was not physician diagnosed, or give them the right to take the liberty to do a test I said I didn't need. She said they are not responsible for the bill. I informed her I would file a civil suit since I did not give permission for the test, and specifically stated to the doctor that I did not want it. She then started yelling at me about how they're doing me a service and how dare I call to threaten her. I explained to her that stating my legal rights is not threatening and asked for her name. She kept yelling at me and I again calmly asked for her name, with a please. She then said "it's your bill" and hung up. I understand they're doing a service, though that could be debated. Half of the physical form I came there and paid to have completed was left blank and had to be filled in by me and a nurse. Them being service based does not give them the right to perform tests on me. I would like to know how to proceed. I will of course pay the bill so my credit isn't messed up. I then suppose I file a small claims case. Is that correct? Who should I name as the defendant, the doctor, the clinic, the clinic manager, multiple people? Am I only allowed to file for the amount I'm out for the bill or more since i had to unnecessarily spend my own money? Since I was also lied to about the nature of the test, told that it was for hemoglobin and sugar even though they did another test, am I able to say that this was a case of battery, or not since I allowed the blood to be drawn? I allowed it to be drawn under false pretense and I am very upset by this. Regardless of the business they're in I am still a paying customer who was lied to and swindled and I would like justice.
Thank you in advance for any responses.
 


rhinocl

Member
Forget about the 'battery.' Before you go to court send them a written demand for the $150, explaining why you feel they owe it. Attach a copy of the lab bill. That and possibly your filing cost is all you can get (so ask yourself if this is worth your time). Usually you give them 10 days to respond (plus mailing time both ways) before filing suit.
 

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