What to do if I found out my doctor has declared visits to my insurance company for appointments I never made?

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What to do if I found out my doctor has declared visits to my insurance company for appointments I never made?

Also, I signed a contract for 45 visits for an agreed amount of money; he is a chiropractor. Since I am not comfortable with his ethics I no longer wish to see him. Is the contract legal and can I get out of it?

Asked on February 9, 2012 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your question raises two different issues:

1) Can you get out of contract because you are not comfortable with his ethics? No--ethics or comfort do not enter into contract law. So long as he can fulfill the contract, you are obligated.

2) What the chiropractor is doing is insurance fraud. You could report him to the insurer to investigate. That could give you grounds to cancel if they substantiate the accusation: if he goes to jail or his practice shuts down, for example, he can't fulfill the contract; if he can no longer receive payment from this insurer, that might let you out if the fact that he took your insurance was a basis for your contracting with him in the first place.


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