If my doctor used Botox during a surgery and assured me it was covered by my insurance, what rights do I have if it wasn’t?

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If my doctor used Botox during a surgery and assured me it was covered by my insurance, what rights do I have if it wasn’t?

I told her I did not want it if not covered by insurance. The doctor’s office called for authorization and was denied but doctor still used it. Now I’ve been turned over to collection, insurance denied appeal. What rights do I have?

Asked on March 23, 2012 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your were pressured to have botox by your treating physician during surgery under the representation that it was covered by your insurance policy where in fact it was not and had you known the true facts you would have not elected botox, then you should not under the facts be expected to pay for these costs out of pocket.

Whether the result is so remains to be seen. In the interim, you might consider consulting with an attorney that practices in the area of medical malpractice about your matter or file a complaint against your doctor with your state's medical association.


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