QUESTION
Can I sue a doctor for an unnecessary CT scan?
Asked on Nov 22nd, 2013 on Personal Injury - South Carolina
More details to this question:
I was drunk so my "friends" took me to the ER. They gave me a CT scan, why? I was drunk, they knew that. Seems more like they just wanted to pay for the expensive machine they bought. Now I have to file for bankruptcy because I will not be making enough money to pay off a 10,000 dollar medical bill anytime soon.
6 ANSWERS
Ronald A. Steinberg
Don't get drunk. If you fell, they need to make sure you don't have a brain injury.
Answered on Nov 27th, 2013 at 6:48 AM
1 Award
There was probably a reason for ordering the CT scan, so I think your case would most likely be unsuccessful. Medical malpractice cases are very difficult to win.
Answered on Nov 26th, 2013 at 9:22 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue anybody for anything but winning or collecting is another matter. a drunk sues a doctor? How far do you think you will get with that, seriously.
Answered on Nov 26th, 2013 at 9:11 AM
James Eugene Hasser
Possibly, although I think you'd be best off talking to your bankruptcy lawyer about contesting the charges. Good luck.
Answered on Nov 26th, 2013 at 9:04 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No. The hospital/doctor had reason to believe that it was necessary.
Answered on Nov 26th, 2013 at 8:50 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I would need more facts. If based on the history (description of your condition) given by you or your friends to the doctor a CT Scan was medically indicated, no, you cannot sue. However, if your friends gave the doctor a false history (ie, described an accident and said you were acting as if you have a brain injury), then you might be able to sue your friends. If there was nothing to indicate that the CT Scan was medically indicated, rather than a suit against the doctor, it may be a defense to the bill you receive for this service. You could contact the billing department and dispute the bill, explaining that you never consented to the procedure and that it was unnecessary. They will probably insist that you owe it. If they turn it in on our credit, you could possibly sue for slander on the ground that you do not owe it. If they sue to collect it your defense would be the same, you did not consent to the procedure and it was unnecessary.
Answered on Nov 26th, 2013 at 8:48 AM