Wrong Diagnosis?

Question

I went to the E.R. on Friday, with horrible pain in my jaw. The doctor felt my jaw (did nothing else), ordered some x-rays, didn't see anything, and told me that I had a sprain, to follow up with my regular doctor, and let me go.

The pain was really bad, so I went to another doctor in the same hospital. After examining me, he told me that I had TMJ syndrome. He gave me some muscle relaxers, and told me that I needed to see a dentist.

My question is, since I am paying all of this out of my pocket, is there something I can do about paying for the first visit, since it wasn't even the right diagnosis? Does it mean that I would have to go to court?

Answer 1

I had the exact same problem and I saw 4 doctors who each told me the same thing----see a dentist. Usually the will place you on steroid therapy, mine went away on its own. Looking into the matter further I found that the primary cause is grinding your teeth when you sleep (something I don't think I do ).
As far as getting your money back I don't think so the doctor did the appropriate thing since you didn't have an emergency and you didn't require hospitalization. Also, besides paying out of your pocket you did not suffer anything from what the doctor did. You can go to the hospital's billing and ask to negotiate a lower price (something most people don't know) since you are paying out of pocket most hospitals are accommodating when it comes to this, since they would rather have some money versus none.

Answer 2

Well, this is a sticky situation...Ist off, you will not just get a bill from the ED physician. You will also get a hospital bill, and a fee for the radiologist that looked at your radiographs (xrays).
If you look at this from the hospital point of view, the physicians are there to provide emergency care, and they will say that medicine is not an art, it is a science and that is why they call it 'practicing' medicine.
Common sense will tell you that you paid for a service and you expect a correct diagnosis. If you go to an attorney, the 1st thing they will ask is 'are there any damages?' which means was anyone harmed? Your answer is no, because no one was (in reality). You might find an ambulance chaser to take the case, but remember they get 30-40% and you may only get a few hundred or a thousand dollars.
The hospital is not likely to erase your bill either. The radiologist was only doing what the ED doc wanted, so he will say, its not my fault, I read the films like I was asked to do. The ED bill may get wiped out, but you will have to talk to their biller (because the ED group working there does it on contract to the hospital -- they are not employees). Call the ED and ask who does their billing, call them and see. Explain your financial predicament and they may cut you some slack.
As a last resort, call the hospital and ask for the risk manager. Tell them your story and that you are unhappy and felt like you were mistreated. If you mention an attorney, you get on their bad side immediately and you will get nowhere becuase they will wait for you to make good on your promise. They will have several attorneys at their diosposal that costs them nothing. You will have to pay for one...
Good luck!

Answer 3

I can see how frustrated that you may be. Remember that doctors are humans too. And like other employees in other fields, some are good, some are bad, and some are there just for the money. Perhaps this doctor did what was necessary in the ER, they are only there to stabilize you, your regular doctor is the one who you need to follow up with. They are basically the ones to determine your diagnosis. The ER doctor probably did as much as he could to stabilize you. The good thing is, you got the correct diagnosis, and you are getting treated for it. If you are paying out of pocket, does this mean you don't have any insurance? If not, got to your county office, and ask if there is any kind of insurance they can give you as you don't have any yourself. I have insurance, and I appreciate it so much. But, feel for ones who don't. I live in Minnesota, and we have a plan that is called Minnesota Care. We also have a plan for seniors that just started up. Good luck to you. I have TMJ too, and choose to do nothing about it. I am sorry that yours got so severe...

Answer 4

Sounds like you do have TMJ, but I can tell you there is nothing you or your docs can do for it except prescribe pain killers or muscle relaxants. You might get an over the counter mouth piece made for people who grind their teeth at night, which might be causing the problem in the first place. Godloveya.

Answer 5

Anyone can sue for any reason. U might want to take it up with ur insurance company, if u have one, before u go get a lawyer. U could prob find a lawyer that gives free consults, but u prob don't have much of a case. U can refuse to pay for the first visit, but it will affect ur credit.

Answer 6

You went for what is known as a "Second Opinion." Just because the second doctor didn't agree with the first, doesn't mean the first doctor doesn't deserve to be paid. He gave his time to you, thus he deserves payment. I know it doesn't seem fair, but if you take it to court that's the verdict you'll get. Just drop it and move on with your life. It's not worth the cost of a lawyer/court costs.

Answer 7

call and talk to them. i wouldnt go to court though itll probably cost more in court fees than the couple hundred bucks for the doctor visit

Answer 8

Call them up and tell them what happened and you don't expect to be charged for the first visit. If they disagree ask them for their explanation in writing. If they don't have a good reason than tell them your attorney will be in contact.

Answer 9

you may work with the first Dr billing office to see if you can get a discount since you feel you were misdiagnosed