Legal Question in Medical Malpractice in California
A surgeon charged me cash before a surgery because i
don't have a social security or at the time didn't have
medical. he said because of this no one would help me so
the only way to have the necessary surgery i had to pay
him up front. this is a public hospital and i was applying for
medical and i was in a lot of pain and desperate to get help
so i paid. was this ok? after i got my surgery i was
diagnose with cervical cancer and medical covered
everything. i never heard from him again. he didn't even do
any visits after the surgery like all my other doctors. its
been almost 1 year since my surgery and after many
attempts to get my money back I haven had any luck . Can
you help me?
1 Answer from Attorneys
Why would you think you were entitled to your money back? If I understand your issue, you had no insurance to cover the surgery, so you entered into a contract for him to provide his services for an agreed price, which he did, and for which you paid. That you later got insurance to cover treatment after that point is irrelevant to the agreement with him. If your agreement was for him to also provide post surgery treatment, and he didn't do so, then you could have a claim for return of that portion of the payment you made.
If you are trying to say that you allege he committed malpractice somehow, you need to explain how and what he did medically wrong, and you will need the testimony of an independent 'expert' doctor[s] confirming there was malpractice. Neither your belief, nor mine, is 'evidence' or proof of malpractice. If your subsequently treating doctors have told you there was malpractice, then they could possibly be your 'experts' that would qualify you to file a lawsuit. If so, feel free to contact me to discuss your expert's statements about malpractice.
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