Did someone do something wrong here?

I will try to keep this as short as I can.. I live in Pennsylvania.

Step son had a Nasogastric feeding tube put in early September 2007. The doctor ordered night nurses watch him because of the complexity and the possibility of the feed being displaced if it were pulled out.

December 22, 2007, a G-tube was placed (In the belly) Much safer, more permanent. We have since talked to the doctor who said NO I did NOT order nurses for this new condition and I do not think they are needed. They are for parents who can't handle the stress.

Well I truly believe the SAME referral paper was used when the New Year began to resubmit this request for night nursing to Medicare. (Our insurance denied it for his mother) The doctor is under the impression someone else has referred these nurses because she was never consulted again when his condition changed. She has requested that when we get the medical records from the night nursing company we send over the referral letter right away as she has been asking for one for months and has not recieved it.

This same paper is currently being used against us to try to force the night nursing in our home. She has misled the court as well as her lawyer who sent "a letter of victory" if you will because he doesn't realize that referral is for the OLD tube.


Obviously, I feel it is going to come out that the doctor will be asked by the court to write a new opinion because she said she would not at this time. She only said this verbally.
Our lawyer will be speaking with her in the next few days as well.
We put everything in his mail box last night, because he too does not know this paperwork is not even current, and faxed what we know to the doctor as well. We haven't heard anything which is why I am typing to keep busy.


My basic question is, who is going to be at fault here when Medicare finds out this is what was done? The nursing company knows his tube was changed... Why didn't they ask for new paperwork?