Legal Question in Medical Malpractice in New York

I recently had surgery on my knee. the hospital sent me information as to the whys, hows, and wheres.I had to use the anesthesiologist they sent me, no choice. When I called their office to ask if they accepted my insurance they said no, but I could ask them to accept the amount my insurance paid them from out of network. Now they tell me I am responsible for the balance not paid by the insurance company, which I definitely cannot afford. Is this legal?


Asked on 8/11/11, 6:48 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You should have performed your own due diligence before proceeding with the treatment. Did you document your agreement/coversations in writing? Did you obtain the names of all the people you spoke to regarding the treatment, coverage, date and time of conversation and nature of conversation? Did you obtain consent of your health insurer regarding coverage before proceeding? I am sorry to inform you but we leave in a world today when all choices lead to the kingdom of money, therefore, trust no one, trust nothing and more importantly, VERIFY< VERIFY< VERIFY.

Try to negotiate the physician's fee the best way you can and verify if your insurer can negotiate on your behalf.

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Answered on 8/11/11, 7:13 am


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