What to do if my doctor failed to use the blood testing lab that I told them to use and my insurer will not nowcover the bill?

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What to do if my doctor failed to use the blood testing lab that I told them to use and my insurer will not nowcover the bill?

Doctor took blood work. I advised him and nurse to use s specific lab, but they used another blood testing company. My insurer refused to pay which left me with a$1500 bill. Since I pre-warned the doctor and nurse to only use the company I instructed and they went ahead and used another carrier, am I responsible or can I dispute this in court?

Asked on May 29, 2011 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Because you specifically instructed the doctor's office which lab to use, you may indeed be able to recover the cost of the testing, or at least the difference between what you would have paid had they used the lab you instructed and what you have in fact been billed for. It's possible that you could proceed on either or both of these theories: breach of contract (the doctor violated the "contract" between you and he for services by disregarding your instructions) or tort (by acting in a careless fashion in regards to your instructions, the doctor caused you a loss).

You'll have to sue the doctor to recover  the money, if the office doesn't voluntarily pay you. Significant issues will be cost of proceeding (lawsuits are not free) and the fact that if you only provided oral instructions, those can be difficult to prove. If you can settle for any reasonable portion of the cost, you may wish to consider that a win.


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