Legal Question in Credit and Debt Law in Virginia
hospital consent form
I had to retain a Dr to operate on my leg. He did the operation and then provided follow up treatment for about 3 months. The leg never stopped draining. At the end of 3 months
he realized that the leg wasn't responding and he told me I would have find another doctor. I did and the new Dr did have success. I have now recovered.
The problem is that my insurance did not cover all the costs associated with the original Dr. At this time he is demanding payment. I feel that since he didn't complete the treatments I should not have to.
He is using a form I had to sign at the hospital to claim that I released him from any blame for his not being successful.
The form in question is the standard consent to use or refuse blood products. I feel that this form only deals with
blood transfusions. He claims it provides blanket immunity.
( I did not have a transfusion and he has not claimed that this had anything to do with the leg not healing while under his care.)
Do I have any chance of prevailing?
1 Answer from Attorneys
Re: hospital consent form
It would appear to me that the issue is not whether the doctor's treatment was successful but whether the treatments he carried out during the three month period were done in good faith and approximated the prevailing standard of care expected within the medical community at that time. If so, you should pay the doctor what he's asking, assuming that the bill you've received reflects the foregoing.
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