Legal Question in Health Care Law in Maryland

Surgery Billing

Can a person be billed for preparation of surgery and the use of an operating room if the surgical procedure was not performed due to the doctors and/or hospitals mistake in ordering the wrong equipment needed to perform the surgery? Is there any argument for patients travel time and living expenses when traveling from one state to another and mental preparation for the surgery?


Asked on 8/23/02, 6:09 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Surgery Billing

Pre-operative consultation may be billable depending on the health condition. Scheduling and other arrangements may also be billable to the patient. The question to be answered is the relationship of the surgical physician (assuming such is the billing entity) with the facility supporting the charges (assumed as also a billing entity). If the procedure was procured from a specialists with aforementioned reliance on said specialist and that arrangements would be made for the provision of services, then clearly a breach lies to preclude your liability on the contract. Medical service contracts can be complex and you should speak to an attorney.

G. Joseph Holthaus

(410) 799-9002

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Answered on 9/02/02, 8:29 pm


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