surgical monitor not an M.D.

[RichardG]

Just before having surgery, a cardiology monitoring assistant with a PhD, not an M.D.hooked wires to me as requested last minute by the surgeon. I do not recall, and there is no record of, my having signed a form authorizing this person or his company to perform the monitoring. Insurance refuses to pay the $2000.00 fee because he was not an M.D. I feel I am not obligated to pay since no one has my authorization signature on file.

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney-client relationship.

Boy oh boy! Another story of hospital hell...if it isn't babies being switched it is people who have no business working with surgical equipment, working with surgical equipment!

Okay, basically here we go. I could say this might be one of negligence -- doctors owe the highest degree of care to their patients (and therfore hospitals as well) and by letting a PhD and not an MD work on you is negligent. It is negligent because you did not sign anything authorizing such person to work on you. It also sounds under the legal theory of res ipsa (no informed consent) -- you were not negligent, hospital was negligent and could have prevented it, only happened because of negligence. Now, problem, did you receive any injuries besides med bills? More often than not, people are not allowed to recover for pure medical bills (economic injury).

However, this also could be considered a battery ---harmful or offensive touching by this PhD without your consent -- no informed consent. I think you can recover in this route - not only the $2000 but also punitive damages because battery is an intentional crime. --sue the phd or hospital under prinicpal-agent theory.

contact a medical malpractice attorney at attorneypages.com asap.

hope this helps.

 

[lars coltrane]

Wait, the bad guy here is your insurance carrier. Assitants do all sorts of things at hospitals, including giving shots, drawing blood, you name it.

I would start screaming at my insurance - the monitor was done at the direction of the m.d., it was probably for his benefit and being watched or supervised by the m.d.; certainly is was to help in whatever the m.d. was doing.

You call the surgeon and speak with his/her office assistant. They will be glad to help you. Then, call your health carrier and give them it to them for what they are doing to you.