Legal Question in Legal Malpractice in Florida

I was in an auto accident and was taken to the hospital by ambulance, I was conscience and ambulatory.

I believe the hospital did excessive CT scans (from my head to my pelvis) plus a chest X-ray to increase the bill because I have auto insurance. My insurance paid $12,072.92 of the $14,196.73 bill and I was sent a bill of $2,123.81 from the hospital. Also, I was not informed about the risks CT scans pose nor given the option to refuse.

Is there anything I can do legally?


Asked on 11/19/10, 4:59 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You state that you were conscious and ambulatory. This means that you were able to communicate and to walk out of the hospital. This means that you no doubt recall signing consent to treatment forms before any tests were commenced. This also means that you could have asked questions if you didn't understand or were concerned about risks. Since you were conscious and ambulatory, you must have raised these issues with the medical staff. But your question implies that the staff refused to answer your questions, failed to address your concerns, and tied you down to perform unnecessary examinations. And now you suffer from some sort of disfigurment or permanent disability as a direct result of the CT scan or chest X-ray.

Is there anything you can do legally? Yes, you can sue the hospital. Can you collect? Very unlikely. You would be smart to just pay your bill.

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Answered on 11/24/10, 5:30 am


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