Legal Question in Consumer Law in California

Medical bill

I had a terrible reaction to some medication that was prescribed to me by my doctor. Which resulted in my entire body swelling and my breathing labored. After my first visit to the Emergency Clinic nothing was prescribed but over the counter meds to help my situation . I then returned repeatedly over the next 4 days to try and get them to help me to stop the swelling and refused to pay the Co payments on the other visits as they did not help solve my medical emergency.

Now they are demanding those other Co pays. I wrote and explained completely why I did not pay for the other visits as I felt they were being negligent to my medical needs. However it appears my appeal and explanation has been ignored.

Can you tell me how I stand on this matter ? Do I have to pay the Co pays for the same medical problem ?

Thank you for your time.


Asked on 4/23/04, 3:30 am

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Medical bill

I can't give you a definite answer regarding your obligation to pay, but I may be able to help you see the situation differently.

When you receive medical attention, you pay for the services of a licensed professional. You don't get insurance that the service will be perfect or that the advice/recommendations will be infallible. Doctors can be wrong and still be entitled to payment.

If a doctor prescribes medicine to cure an ailment and it doesn't work, you're not excused from payment. This assumes that the doctor was merely mistaken. If the doctor flat-out blew it . . . if a typical doctor would have prescribed something different (and if that something different would have cured the ailment) THEN you may have reason to refuse payment.

To summarize, the law does not entitle you to expect perfect medical attention. The law DOES entitle you to expect medical attention that is within the "standard of care" (which is determined by what other doctors do in the same area).

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Answered on 4/23/04, 3:49 am


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