Legal Question in Bankruptcy in United States
I filed bankruptcy last year. 6 months ago I tried to go to my doctor for my blood pressure medicine and the receptionist said the only way I could see the dr was if I paid a past due of 15.00. I didn't have it and was very sick, had to tell her in front of the entire office I filed bankruptcy, total embarrassment. Was denied my doctor visit, had to go to med express where the would only give me antibiotics, ending me in the emergency room to get my blood pressure down along with a serious infection. They gave me IV for half the day. I have a bill from both those situations and still have not seen the dr. Do I have any rights?
4 Answers from Attorneys
Unfortunately, while a doctor may not "demand payment" they can refuse to see you if it is not paid and that seems to be what happened here.
If you were mistreated at the other facilities, you may have a medical malpractice claim against them, but unfortunately, the first doctor did not violate any laws.
The trade-off you get, as I am sure your bankruptcy lawyer told you, is that when you discharge a doctor's bill, that doctor is unlikely to be willing to have you as a patient. They can't legally demand payment for the past bill. The remedy is that you need to find a new doctor.
You have the right to choose a doctor, and doctors in private practice have the right to choose their patients. If they already lost money on you, it is not surprising that they do not want to get in the situation again. Bankruptcy gets you a discharge, but does not force anyone to do business with you in the future.
They can't legally demand payment, but they have every right to refuse service.
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