- Jurisdiction
- Florida
Hello all,
a few years ago I visited a specialist doctor (highly rated) who incorrectly diagnosed a medical issue. He told me I needed to undergo a procedure to treat the problem, I had the procedure completed and it made the problem worse because he had operated on the incorrect body part that wasn't actually the problem. I stopped seeing him shortly after the procedure, found another doctor who correctly diagnosed the issue with absolutely no additional imaging or data, and completed another procedure on a totally different body part which resolved the issue. The body part which was identified and underwent a procedure by the first doctor was never touched by the second doctor so there is no question doctor number one was incorrect.
I was insured during the time in question but still had a substantial copay percentage that was around $3k.
Doctor number one was contacted and requested to cover just the copay expense as a fair reimbursement for being incorrect. Doctor number one refused reimbursement, was extremely rude and unprofessional. Doctor one then had their attorney mail me a threatening legal letter telling me not to post any bad reviews online and if I did they would sue me.....now I know why they are highly rated on all platforms.
I reported the doctor the state regulatory board the same day, they are currently under investigation. Regardless of the outcome the board does not have the authority to return my money.
I contacted multiple local medical malpractice attorney's (I'm sure they are all on contingency)......they are all interested up until I tell them the amount in question. Had I not been insured sounds like I would have a case. One attorney spent extra time with me and told me he didn't think I would win if I tried to represent myself in small claims because of the incredibly high threshold (requiring third party experts and complex laws) there is for medical cases in my state.
How do I hold this doctor accountable and how do I get my money back? It seems to me that traditional medical malpractice isn't going to be a possible case type because of the money involved.....if it was 10x the amount OK it makes sense. Why are medical "professionals" allowed to make mistakes and I can't at the very least receive a refund?
a few years ago I visited a specialist doctor (highly rated) who incorrectly diagnosed a medical issue. He told me I needed to undergo a procedure to treat the problem, I had the procedure completed and it made the problem worse because he had operated on the incorrect body part that wasn't actually the problem. I stopped seeing him shortly after the procedure, found another doctor who correctly diagnosed the issue with absolutely no additional imaging or data, and completed another procedure on a totally different body part which resolved the issue. The body part which was identified and underwent a procedure by the first doctor was never touched by the second doctor so there is no question doctor number one was incorrect.
I was insured during the time in question but still had a substantial copay percentage that was around $3k.
Doctor number one was contacted and requested to cover just the copay expense as a fair reimbursement for being incorrect. Doctor number one refused reimbursement, was extremely rude and unprofessional. Doctor one then had their attorney mail me a threatening legal letter telling me not to post any bad reviews online and if I did they would sue me.....now I know why they are highly rated on all platforms.
I reported the doctor the state regulatory board the same day, they are currently under investigation. Regardless of the outcome the board does not have the authority to return my money.
I contacted multiple local medical malpractice attorney's (I'm sure they are all on contingency)......they are all interested up until I tell them the amount in question. Had I not been insured sounds like I would have a case. One attorney spent extra time with me and told me he didn't think I would win if I tried to represent myself in small claims because of the incredibly high threshold (requiring third party experts and complex laws) there is for medical cases in my state.
How do I hold this doctor accountable and how do I get my money back? It seems to me that traditional medical malpractice isn't going to be a possible case type because of the money involved.....if it was 10x the amount OK it makes sense. Why are medical "professionals" allowed to make mistakes and I can't at the very least receive a refund?
