Medical Law and possible malpractice?

Question

My wife and I recently had a baby. My wife had a condition which caused her pregnancy to be more painful than the typical person. Knowing this she requested an epidural. She was in labor for 18 hours and could feel each and every contraction after the epidural was given to her. Because she was feeling every contraction very strongly several anesthesiologists had to come visit her throughout this time and administer much more powerful medications. At hour 16 of 18 they found out that the pump that was delivering my wifes medication was broken and she did not get any of the epidural throughout the day. We just got the bill and they charged us for the full epidural and for all of the extra doctor visits and stronger medications. These visits/medications would not have been necessary had the pump worked. I called the company that billed us and they told us to mail a letter to the person in charge. I did and they never contacted me. We don't want to sue, but we don't want to pay full price for the botched epidural. Do we have any legal recourse? If so, what law would it fall under?

Thanks in advance...

Answer 1

What a bummer!  Call again.  Demand to speak to supervisors, etc. until you talk with someone who can fix the problem.  It really seems to me that you should not have to pay, since she didn't even receive the drug.  Sometimes they administer drugs which "don't take" and they have to give more... but that's not what happened here.

If you can't get in touch with anyone, you should call the patient advocate at the hospital.  That's what they are there for, and they should be very helpful.  Failing that, if they insist on charging you for this, is to inform them you refuse to pay for the botched epidural.  Or, since you probably owe them for other services, start paying regularly but send a certified letter detailing the situation (including your attempts to resolve) and explaining that you will pay the bill LESS the charge for the epi.  On the checks, use the memo line to show the full amount you intend to pay (e.g. "Payment on $1500 medical bill.")  If you end up in court, you might be able to argue this as an accepted "settlement" since they cashed the checks with the details on the memo line.  Then monitor your wife's credit report.  If they intend to collect, it will show up on the credit report as an unpaid bill.  At that point, you can dispute the charge with an explanation.  Hopefully that would work.  But it would be even better if you called a lawyer.

Answer 2

Everything that you described is a defense to the bill.  I bet that if you sent a letter of complaint to the hospital (it would go to risk management) they would recommend that the hospital and doctor waive the charge.  It is bad press for the hospital, an unhappy customer, but very limited exposure on liability.  

Answer 3

Take the Bill and go to see these people in person.  Letters are easy to avoid answering them! They can always say they never got them!!! Get written statements from those doctors who discovered the pump wasn't working correctly, and if they refuse, tell them you will see them in court! Go to the Administration of the hospital, and tell them, your wife endured unnecessary pain because of the failed pump, and you'l be damned if you are going to pay that Bill!  If I were you, whether you want to or not, SUE the buggers! It's incompetence on the hospital's part!! Personally, if at all possible, I avoid going to any hospital these days!!!  Don't let them get away with this, it's not just your wife you should be thinking of, but other patients that may fall under their lousy care!!!