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?
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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