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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Forced to Pay for Unathorized and Unnecessary Blood Tests

    My question involves medical malpractice in the state of: Ohio

    I am posting this in the medical and small claims forum as I am not sure how to proceed. This took place in Ohio. As part of a medical class that required us to do clinical time at hospitals and fire departments I had to have a physical done. I went to one of my county's health clinics as I do not have insurance. I did pay for the visit and was made aware that any necessary lab work would come in the form of a bill from the lab. One of the things on the physical form was proof of chicken pox. I am quoting from the form: " Chicken Pox: Must have physician diagnosed illness, immunization OR titer demonstrating immunity." The OR is capitalized on the form. I presented the doctor with paperwork from my pediatrician showing all of my immunizations and illnesses. The paperwork said very clearly "had chicken pox." The doctor, like some others I've dealt with, didn't take the time to read the forms I gave her. She said I would need to have blood drawn for a chicken pox titer. I told her to read the form and pointed out where my pediatrician said I'd had chicken pox and thought that was that. She said she wanted to do get a blood draw to check my hemoglobin and sugar. I then come to find out she sent my blood in for the titer. I just received a $150 bill from the lab. I did not need the titer, since I had a physician's diagnosis, and told her when she initially talked about a blood draw that I didn't need the titer. She did it anyway. It was unnecessary and unauthorized. I called the clinic manager and after a few days with no return call called back. I reached her today and she said she would call me later because she wanted to speak with the doctor. When we spoke later on, I told her the test was unnecessary and I did not authorize it. She had my physical form in from of her and said the my physician didn't mark down the date so they did the titer. It does ask for "date of illness." I informed her I could have easily given the date, and there not being one does not mean it was not physician diagnosed, or give them the right to take the liberty to do a test I said I didn't need. She said they are not responsible for the bill. I informed her I would file a civil suit since I did not give permission for the test, and specifically stated to the doctor that I did not want it. She then started yelling at me about how they're doing me a service and how dare I call to threaten her. I explained to her that stating my legal rights is not threatening and asked for her name. She kept yelling at me and I again calmly asked for her name, with a please. She then said "it's your bill" and hung up. I understand they're doing a service, though that could be debated. Half of the physical form I came there and paid to have completed was left blank and had to be filled in by me and a nurse. Them being service based does not give them the right to perform tests on me. I would like to know how to proceed. I will of course pay the bill so my credit isn't messed up. I then suppose I file a small claims case. Is that correct? Who should I name as the defendant, the doctor, the clinic, the clinic manager, multiple people? Am I only allowed to file for the amount I'm out for the bill or more since i had to unnecessarily spend my own money? Since I was also lied to about the nature of the test, told that it was for hemoglobin and sugar even though they did another test, am I able to say that this was a case of battery, or not since I allowed the blood to be drawn? I allowed it to be drawn under false pretense and I am very upset by this. Regardless of the business they're in I am still a paying customer who was lied to and swindled and I would like justice.
    Thank you in advance for any responses.

  2. #2
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Forced to Pay for Unathorized and Unnecessary Blood Tests

    One of the things on the physical form was proof of chicken pox. I am quoting from the form: " Chicken Pox: Must have physician diagnosed illness, immunization OR titer demonstrating immunity." The OR is capitalized on the form. I presented the doctor with paperwork from my pediatrician showing all of my immunizations and illnesses. The paperwork said very clearly "had chicken pox."
    There must be a month and year documented on the immunization record for it to be considered "official". Your word means nothing.


    The doctor, like some others I've dealt with, didn't take the time to read the forms I gave her. She said I would need to have blood drawn for a chicken pox titer. I told her to read the form and pointed out where my pediatrician said I'd had chicken pox and thought that was that.
    Actually, she must have read the form, otherwise she would have noted a month and year you had the illness.

    She said she wanted to do get a blood draw to check my hemoglobin and sugar.
    Those tests were also required for the physical.

    I then come to find out she sent my blood in for the titer. I just received a $150 bill from the lab.
    That is a VERY reasonable fee for a varicella titre, let alone all three tests. What was the result of the varicella titre?

    It was unnecessary and unauthorized.
    When you sign the registration forms at a Physician's office, you are authorizing him/her to treat you in any way they deem necessary. You are agreeing to pay any fees.

    I called the clinic manager and after a few days with no return call called back. I reached her today and she said she would call me later because she wanted to speak with the doctor. When we spoke later on, I told her the test was unnecessary and I did not authorize it. She had my physical form in from of her and said the my physician didn't mark down the date so they did the titer. It does ask for "date of illness."
    Again, according to your own admission, there was no month and year provided on the immunization form. Therefore, it requires proof of immunity.

    I informed her I could have easily given the date, and there not being one does not mean it was not physician diagnosed, or give them the right to take the liberty to do a test I said I didn't need.
    Yes it does. If it's not documented, it didn't happen. Didn't you learn that in clinicals??


    She said they are not responsible for the bill.
    She is correct.

    I informed her I would file a civil suit since I did not give permission for the test, and specifically stated to the doctor that I did not want it.
    Is that documented? It would state "against medical advice" if it were and you would not have been permitted to do clinicals.

    She then started yelling at me about how they're doing me a service and how dare I call to threaten her. I explained to her that stating my legal rights is not threatening and asked for her name. She kept yelling at me and I again calmly asked for her name, with a please. She then said "it's your bill" and hung up.
    People can be jerks.


    I understand they're doing a service, though that could be debated.
    How so? You got you physical and the results of the required labs. Now you can finish your training.

    Half of the physical form I came there and paid to have completed was left blank and had to be filled in by me and a nurse.
    Big deal. I fill out forms all the time, transcribing from the Doc's notes.. The Doctor has moved on to the next patient.


    Them being service based does not give them the right to perform tests on me. I would like to know how to proceed. I will of course pay the bill so my credit isn't messed up. I then suppose I file a small claims case. Is that correct?
    Anyone can sue anyone for anything. The chances of you winning are doubtful.

    Who should I name as the defendant, the doctor, the clinic, the clinic manager, multiple people?
    Oh heck...name them all!

    Am I only allowed to file for the amount I'm out for the bill or more since i had to unnecessarily spend my own money? Since I was also lied to about the nature of the test, told that it was for hemoglobin and sugar even though they did another test, am I able to say that this was a case of battery, or not since I allowed the blood to be drawn?
    You agreed to the blood draw. There was no battery.

    I allowed it to be drawn under false pretense and I am very upset by this. Regardless of the business they're in I am still a paying customer who was lied to and swindled and I would like justice.
    Thank you in advance for any responses
    .

    You were not lied to or swindled. With the documented information available to them, the titre was required. Without it, you would not have been allowed to go to clinicals and you would have been here asking how to sue them because they should have known they needed to obtain blood for the varicella titre.

    Good luck with clinicals.

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Forced to Pay for Unathorized and Unnecessary Blood Tests

    I told her I did not need the test. If the form would have been incomplete because of it then that would be my problem, not hers. There were other things requiring dates of immunization, like the tetanus vaccine, yet I had no documents showing any since childhood and she took my word for when the last booster was. The form I had from my pediatrician's office was a basic form. I could have gotten the real documents from my pediatrician. I told her I did not need the test. I took the blood test because she said it was for something else. Maybe a "bait and switch" is something that can be done at car dealerships, but not for a medical test. She took a liberty when she ordered a test I said I didn't want done. The excuse that it had to be done for the form is irrelevant if I refused. If the form would have been incomplete because of it that would be something between my program and me for not having properly completed the physical form. There were not three tests. She lied about the hemoglobin test. It was only the varicella titer that was sent for. Sugar can be done by a finger stick, so the whole drawing of blood was unnecessary.

    When you sign the registration forms at a Physician's office, you are authorizing him/her to treat you in any way they deem necessary. You are agreeing to pay any fees.
    So by that reasoning the doctor could have sent away for HIV tests and MMR titers and anything else she wanted. If I state I don't want a test done they are not permitted to do it, unless I am unconscious and it is medically necessary. $150 for a varicella titer when I could have just gotten a vaccine for half of that price. It came out that I was immune, something I already knew since I have been in close contact with others with active varicella infections and did not become infected myself.

    Yes it does. If it's not documented, it didn't happen. Didn't you learn that in clinicals??
    I could have provided documentation after contacting my pediatrician. She decided to perform a test I said no to.

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