Medical Malpractice Charged for Procedure That Didn’t Happen


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Guest: I went to the hospital, supposed to have a procedure. What ended up happening was they didn’t do it, but they ended up charging me $800 for that day. So I took them to small claims court saying, you know, uh, that they didn’t, you know, do what they’re supposed to do. They ended up getting an attorney and moving it to district court.

Justin: Right.

Guest: So now that’s that now, you know, I don’t have an attorney. It’s $800. I’m like, who would help me? You know?

Justin: Yeah, no, that’s, that’s a hard thing when whenever you get into small claims court, when you sue a corporation, they can’t appear on their own. So they bring an attorney in and that attorney will often, almost every time move it to district court because they know they have an advantage there over you. Have you talked to the attorney and tried to work something out?

Guest: No, I haven’t

Justin: call the attorneys. See if you can work out something. Um, I mean it’s, it’s inherently unfair that you’re paying for procedures that you didn’t get. So I’m not sure how that’s working.

Guest: He sent me paperwork and I read it, you know, I mean there’s a lot, I don’t understand it. In that paperwork it said that I didn’t do what I was supposed to do in a period of time. And so they’re asking the judge to get this case and then have me pay for their, their attorney fee.

Justin: Yeah. Yeah. They there, they’re probably sending you discovery and they’re filing what’s called a motion to dismiss your case, which if you don’t respond to that within 28 days, the court will grant it. So it’s probably not an argument you’re, you’re gonna win with them. So call the attorney, see if you can work something out. You know what actually call me on Monday off the air and I’ll, I’ll see if I can maybe point you in the right direction of what’s going on because I’m not clear why you’re paying for stuff. Are they saying you didn’t cancel it in time? Is that what the issue is?

Guest: Well, no, no, no. I went there. I was out, you know, they put me on the table, but one doctor said the doctor was I supposed to get stem, you know, and when I got there, you know, they didn’t do it.

Justin: Okay, well you know what call the same number, eight five five law show. Give me a call on Monday and we’ll, we’ll talk a little bit more off the air about what’s going on. And maybe I can give you a little, steer you in the right direction. How to, how to get out of this thing. Cause you want to, you want to wrap this up. You don’t want to go in front of the judge on this thing.

Guest: Okay. Yeah, exactly. Thank you very much.

Justin: No problem. You have a good day.

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