Unauthorized procedure administered by surgeons

[northish]

Currently I am on disability for an auto related accident suffered while on the clock. The injuries sustained agitated a preexisting spinal condition from where I was required to have a spinal fusion. As part of diagnostic treatment for my current condition a non-steroidal block procedure was authorized. Several months after the procedure it comes out that the billing was not accepted and that the physician/facility performed the wrong procedure using a steroid injection instead of administering the spinal block. In addition to that the the procedure was done above the original stated area c3-c4. Is this grounds for negligence or malpractice? As if my condition isn't bad enough.

 

[Zigner]

This forum is for US law matters only.

Having said that, your best course of action would be to speak to a medical malpractice attorney.
And, having said THAT, I have to ask...what harm did you suffer from this mistake? (Yes, the question will be important later.)

 

[PayrollHRGuy]

Several months after the procedure it comes out that the billing was not accepted and that the physician/facility performed the wrong procedure using a steroid injection instead of administering the spinal block.

Should the part that I put in bold be "because"?

Also, does "the billing was not accepted" mean work comp isn't paying for it?

And we do need what state you are in to be much more help.

 

[quincy]

Currently I am on disability for an auto related accident suffered while on the clock. The injuries sustained agitated a preexisting spinal condition from where I was required to have a spinal fusion. As part of diagnostic treatment for my current condition a non-steroidal block procedure was authorized. Several months after the procedure it comes out that the billing was not accepted and that the physician/facility performed the wrong procedure using a steroid injection instead of administering the spinal block. In addition to that the the procedure was done above the original stated area c3-c4. Is this grounds for negligence or malpractice? As if my condition isn't bad enough.

The state name matters but I have questions, assuming you are somewhere in the U.S.

Are you on workers compensation? Was there another vehicle involved in the accident and is a claim pending?

 

[northish]

Im under Washington state disability l&i but the procedure was done in Tx

 

[northish]

Should the part that I put in bold be "because"?

Also, does "the billing was not accepted" mean work comp isn't paying for it?

And we do need what state you are in to be much more help.

You're right my hand is faster than my eyes.
Correct workmans comp refused to pay for the procedure

 

[quincy]

Im under Washington state disability l&i but the procedure was done in Tx

Thank you for providing your state name.

Who is supposed to be covering the costs of your medical treatment? Another driver’s insurance?

Why was the procedure done in Texas?

 

[northish]

Thank you for providing your state name.

Who is supposed to be covering the costs of your medical treatment? Another driver’s insurance?

Why was the procedure done in Texas?

Washington l&i due to the accident occuring while I was on shift in a company vehicle at the time of the accident

 

[northish]

Washington l&i due to the accident occuring while I was on shift in a company vehicle at the time of the accident

I'm a resident of Tx but my field of employment required me to travel alot

 

[quincy]

Washington l&i due to the accident occuring while I was on shift in a company vehicle at the time of the accident

Thanks for answering my question on why Texas is involved.

Was there another, at-fault driver in the car accident whose insurance should be covering your medical expenses? Or are the medical expenses supposed to be covered under workers compensation?

How long ago was the accident?

If doctors performed a procedure that was not required or not recommended, you potentially could have a malpractice claim. But, because yours is not a simple injury accident claim, you should consult with a personal injury attorney in your area to review all of the facts.

 

[northish]

Thanks for answering my question on why Texas is involved.

Was there another, at-fault driver in the car accident whose insurance should be covering your medical expenses? Or are the medical expenses supposed to be covered under workers compensation?

How long ago was the accident?

The expenses are supposed to be covered by workers compensation but I am trying to determine the possibility of potential malpractice regarding the circumstances of a procedure I received.

 

[quincy]

The expenses are supposed to be covered by workers compensation but I am trying to determine the possibility of potential malpractice regarding the circumstances of a procedure I received.

I added to my previous post, apparently while you were responding to it.

I think if the medical procedure was not a necessary one and, in addition, was performed on the wrong area of your body, you could have a claim to pursue if harm resulted. Harm can include economic harm. You should not be responsible for treatment that was provided in error.

Personal injury/malpractice lawyers generally offer free consultations and, should a lawyer decide you have a case worth pursuing, you generally will not have to pay the attorney unless you win. The attorney then will take his fee from any money received in a settlement or that is awarded in court.

You can call personal injury attorneys in your area for a review.

 

[PayrollHRGuy]

The expenses are supposed to be covered by workers compensation but I am trying to determine the possibility of potential malpractice regarding the circumstances of a procedure I received.

For there to be a successful malpractice case you have to have damages. Other than the uncomfortable nature of the unneeded shot and the need to get another correct shot what damages have you suffered?

 

[northish]

For there to be a successful malpractice case you have to have damages. Other than the uncomfortable nature of the unneeded shot and the need to get another correct shot what damages have you suffered?

Well my condition of pain has been amplified since the procedure. I have neurological flare up , consistent migrains , insomnia..

 

[PayrollHRGuy]

Well my condition of pain has been amplified since the procedure. I have neurological flare up , consistent migrains , insomnia..

You will need to contact a lawyer that specializes in medical malpractice cases as Quincy has suggested.

Did you have to pay the bill for the incorrect procedure?