Legal Question in Medical Malpractice in New Jersey
injury/payment
I took my daughter to an oral surgeon in April 07 for consulltation at which time I was told he accepted my insurance, dr looked at my card and said I would owe 800 out of pocket, which I paid in May when the 4 teeth were pulled. I never saw a bill until a few weeks later at which time I noticed he was out of network. I sent him a letter explaining that I was not happy and wanted to talk to him to resolve this, no reply just a bill with interest. I have sent him all the ins i was given but he is suing for rest. I was not happy with his work as my daughter was swollen, in pain and in ER next day with sprained neck, the pain increased, she saw a chiropr a few times for neck but ended up in hospital with a fractured neck and disks and a bacteraial infection. I can't seem to prove it came from dentist but she was a healthy girl prior to surgery. I am being sued for balance of bill which includes dr interest, his laywer fees/court fees. Does the patient have any rights? Do we have to pay the balcnce, I believe he falsly lead me to believe he was under my plan when I asked (he copied my ins. card) and I believe he was rough with my daughter while under the anest which resulted inher injury. She was on intervenous for 8 weeks.
1 Answer from Attorneys
Re: injury/payment
Your question regarding your obligation to pay a balance under the circumstances is something that should be addressed to a lawyer specializing in contracts, insurance, or possibly the State Medicine Board of Medicine or the Attorney General for Consumer Affairs. In general the obligation to pay falls outside of the area of medical malpractice.
From the fact you�re presented, I don�t see a case that I would personally take. However, this is only my opinion. Another attorney may feel differently, so I urge you to inquire further. You may look for an attorney on this website, your local Yellow Pages, or Bar Association.
It is unclear from what you have stated that your daughter suffered the kinds of damages that would justify the expense of a medical malpractice lawsuit. As to whether this oral surgeon violated the standard of care, this may be worth looking into, but, this is also unclear from the information you�ve given.
From the eight weeks of antibiotics you described, it is likely that your daughter suffers from endocarditis. There is a small group of patients, with known heart conditions, especially valvular abnormalities who are predisposed to endocarditis after dental work, and therefore receive antibiotics before any dental procedures. You have not stated that your daughter was in such a group, therefore, it would be difficult to blame the prolonged antibiotics on the oral surgeon.
In New Jersey, there are certain circumstances, (the Tort Claims Act) wherein, you must take action within 90 days of the occurrence. While the NJTCA might not apply in your case, this is an additional reason that you need to speak to a lawyer as early as possible. if you are considering a lawsuit.
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