Legal Question in Medical Malpractice in Illinois

I had a sleep study done and was diagnosed with mild to moderate sleep apnea, I went through the second test for the cpap machine and was given a cpap machine as if a doctor prescribed it but, five months later the medical supplier stated that a prescription was not given so I had to return the machine and plus they are demanding payment for the face mask and tubing. I feel like I should not have to pay anything because this was not my doing it was the sleep center's fault. What do you suggest? Should this be considered negligence? My primary care physician wouldn't even consent to giving me a prescription so that my insurance would pay for the machine.


Asked on 4/04/11, 6:21 am

1 Answer from Attorneys
Stephen Messutta

If you did this without proper referral/scrip from your PCP, you are pretty much on your own if you did not follow procedure. It may not be the sleep center's fault if they asked you if you had a referral/scrip or if you were on your own. If your current PCP won't help, time to get another PCP. If this is insurance related and you placed a claim or gave the sleep center your insurance information and they did not ask for a referral/scrip (and you are a PPO patient), you may have appeal rights. Otherwise there's insufficient information.

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Answered on 4/04/11, 8:27 am


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