Legal Question in Business Law in Arizona

Business Practices

This scenario occurred during a visit to a doctor's office, but is related more to business practice than medical malpractice. Apologies for any inconvenience(s) caused by listing this under 'Business Law.'

A person visits a doctor and has blood drawn. The patient is told, ''we need to run some tests'' but the blood is sent to a third party for testing and the third party is charging the insurance company and the patient for the service. The patient did not know, was not told, and would not have agreed to this if they had known the blood would have been sent to a third party and that they and their insurance company would have been charged many hundreds of dollars for the service.

Is it legal for the doctor's office to practice in this method? If it is legal, it is at least unethical; where would one go to file a complaint about such business practices?


Asked on 1/06/06, 6:58 pm

2 Answers from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Business Practices

As is common in this forum, too little facts are revealed here. What was the condition that was being tested for? What kind of doctor did you see? You have insurance that is paying, so do you pay a co-pay, is that your objection?

Most people presume that lab tests are not done in the doctor's own office. I am surprised that you were surprised that it was sent out. It is actually rare to have a lab in the doctor's office unless it is a big clinic, and even then the lab is generally an independent company.

Did you inquire when you were told that blood was being tested what the charge would be? Apparently not. Did you presume that if it was done in the doctor's office that it would be done for free without charge? That hardly seems reasonable. And we cannot give any opinion here because there is lack of information. It sounds like this was a case of lack of communication between you and the doctor's office. I am sure that you will be more informed next time and will ask questions. My final question: You had to have the test done anyway, so is it really that you are unhappy at having to have a test done and pay for it rather than a question of whether it was sent out or done "in house?"

Best regards,

James D. Jenkins

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Answered on 1/07/06, 8:47 am
Donald Scher Donald T. Scher & Associates, P.C.

Re: Business Practices

I concur in the response given by Mr. Jenkins.

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Answered on 1/07/06, 12:02 pm


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