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Giving you legal papers minutes before a medical procedure. Are they legit?

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feetsdr

Junior Member
in general: I thought I heard that when you are given a legal doc to sign minutes before going on a ride / attraction or similar situation, that isn't enforcable? Always? Sometimes?

Is there a name for that?

Specifically: I was given a full page legal document at a doctor's office when I arrived for a medical procedure. The title is Consent for treatment, payment and health care operations including admission and medical treatment authorization. It has 6 paragraphs. the 6th paragraph basically says 'this will be an outpatient service in hospital setting'. There was a spot there they highlighted for me to initial, which I did. That paragraph changed the way they billed the procedure from something that would have been covered by my insurance 100% (done in an doctor's office) vs. something I owe the doctor and hospital a total of $900.

My wife knows / understands the insurance coverage (it's her policy). I signed it without comprehending the implications, signing it with the time, just 7 minutes before the procedure.

When the doctor recommended the procedure 2 weeks earlier in an office visit in that same office he didn't mention how it would be billed. The person making the appointment didn't mention either. it was only on that document given to me when I arrived for the test.

None of the medical forms or their website talk about the hospital's involvement (the office says the hospital owns the test equipment so that makes it an outpatient hospital procedure).

Am I wrong (legally responsible for the bill) for not stopping to consult with an attorney (and my wife) on the documents content, postponing the test

Or are they wrong for popping this on me at the time of the procedure?

I guess I need to go to small claims court on this?

Any thoughts / advice? I and my wife spoke to the office several times on this and there's no 'negotiating / cutting a deal / lowering the cost'.
 


Zigner

Senior Member, Non-Attorney
in general: I thought I heard that when you are given a legal doc to sign minutes before going on a ride / attraction or similar situation, that isn't enforcable? Always? Sometimes?

Is there a name for that?

Specifically: I was given a full page legal document at a doctor's office when I arrived for a medical procedure. The title is Consent for treatment, payment and health care operations including admission and medical treatment authorization. It has 6 paragraphs. the 6th paragraph basically says 'this will be an outpatient service in hospital setting'. There was a spot there they highlighted for me to initial, which I did. That paragraph changed the way they billed the procedure from something that would have been covered by my insurance 100% (done in an doctor's office) vs. something I owe the doctor and hospital a total of $900.

My wife knows / understands the insurance coverage (it's her policy). I signed it without comprehending the implications, signing it with the time, just 7 minutes before the procedure.

When the doctor recommended the procedure 2 weeks earlier in an office visit in that same office he didn't mention how it would be billed. The person making the appointment didn't mention either. it was only on that document given to me when I arrived for the test.

None of the medical forms or their website talk about the hospital's involvement (the office says the hospital owns the test equipment so that makes it an outpatient hospital procedure).

Am I wrong (legally responsible for the bill) for not stopping to consult with an attorney (and my wife) on the documents content, postponing the test

Or are they wrong for popping this on me at the time of the procedure?

I guess I need to go to small claims court on this?

Any thoughts / advice? I and my wife spoke to the office several times on this and there's no 'negotiating / cutting a deal / lowering the cost'.
What US state?
Here in the US, you're wrong and if you go to small claims, it will be as a losing defendant.
 

quincy

Senior Member
When you sign a legal document, your signature binds you legally to its terms. It is up to you to read and fully understand what you are signing prior to signing. If you could not read it or did not understand the terms of the agreement, it is up to you to ask for an explanation and/or request more time to read and understand it.

It is an unfortunate fact that many/most people will not read contracts in their entirety before signing, perhaps because it is human nature not to want to inconvenience others. This can wind up being a costly mistake - as you are discovering.

You can try to work out a reduction in cost or a payment arrangement but there does not appear to be any legal action for YOU to take - only a legal action that can potentially be taken AGAINST you if you fail to pay what is owed.
 

Zigner

Senior Member, Non-Attorney
the 6th paragraph basically says 'this will be an outpatient service in hospital setting'. There was a spot there they highlighted for me to initial, which I did. That paragraph changed the way they billed the procedure from something that would have been covered by my insurance 100% (done in an doctor's office) vs. something I owe the doctor and hospital a total of $900.
I would like to point out that the paragraph in question didn't change anything. It was merely clarifying it for you.
 

quincy

Senior Member
The term feetsdr might be looking for is "informed consent" perhaps? That applies to the medical procedure itself and not to the way the medical procedure will be billed.

A patient potentially could be able to argue the legality of a signed document if the legal papers requiring a signature were handed to the patient immediately before a medical procedure and drugs already had been administered to the patient in preparation for the procedure.
 

feetsdr

Junior Member
Zucker: it was clarifying for the first time. It was a doctors office. I think it's reasonable to assume (insert odd couple bit here) that it was going to be treated as an office diagnostic procedure, as a previous doctor a few years ago billed it. I called some other cardio offices and 2 said they bill it as office diag test. 1 (that's another freestanding doctor business) said they bill as outpatient and added (on their own) we go through the _____ hospital company.
 

quincy

Senior Member
Zucker: it was clarifying for the first time. It was a doctors office. I think it's reasonable to assume (insert odd couple bit here) that it was going to be treated as an office diagnostic procedure, as a previous doctor a few years ago billed it. I called some other cardio offices and 2 said they bill it as office diag test. 1 (that's another freestanding doctor business) said they bill as outpatient and added (on their own) we go through the _____ hospital company.
You should always ask for clarification. Assumptions are risky when signing legal documents.
 

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