Can I claim the ER and doctor overcharge ?

Bankruptcy and Debt 5 views 1 answers
I don't have insurance and I'm tourist in TX. I had earache and doubt that there was cotton tip in my ear. I visited and ER (silly enough) close to the place I stayed. They measured my blood pressure and check temperature. After that the doctor came and had a look inside my ear, there was nothing inside, the cotton tip must have travelled out by itself without my awareness. A few weeks later, I received the bill from hospital for ER Level 2 (I search in google and found that earache was listed as level 1) and in the bill, it said that they removed the strange object in my ear which was not true); and a bill from doctor, but it was strange enough that the bill was sent from OK state (I had the treatment in TX state) with treatment of ER Level 3. How can I claim this? Thanks.

Attorney Answer

1
Douglas O GuffeyHealth Care LawyerPhoenix, AZ ·
When you present yourself for medical treatment at a hospital emergency room, you become legally obligated to pay for the services you consent to receive at the rate for those services posted by or in the hospital. I am an Arizona attorney, and cannot tell you just what Texas law requires for posting of medical services charges. But I expect that somewhere around the emergency room was a list of charges that you never saw or thought to look for, and on that list was a description of services and the price the hospital can legally charge. So, by law, you are obligated to pay at the posted rate for the services you both (a) consented to receive and (b) actually received. However, you are not legally obligated to pay for services you did not actually receive, and from the facts as you relate them, it may be that you are being charged for a higher level of service than what you in fact received. I am not in a position to offer you legal advice, since I am not a Texas attorney (and this matter will be governed, I expect, by Texas law), but I suggest you speak to a legal aide service attorney in your community and get specific advice. It might be useful for you to request in writing a copy of your medical record (the hospital must provide a copy upon your written request) and also to send a written protest disputing the level of service they are claiming to substantiate the charge. If you dispute the charge, be sure to do so in writing and keep copies of all correspondence to and from the hospital. It is fairly common practice for hospitals to turn bills like yours over to collection agencies, which can be damaging to your credit rating. If the hospital presses the matter, and you truly believe you are being charged for services you did not in fact receive, the Texas attorney general has a consumer protection office that might be willing to consider your case and help you push back against the hospital. For the hospital to charge you for services you did not consent to or actually receive would be (at least, in Arizona would be) fraud. I hope this answer proves helpful. Good luck to you.
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