My husband's bowels erupted and they said they would have to put a colostomy bag on him. They said they would do a reversible surgery in 3 months after he heals. Well it's been that long now the doctor that said he would do the surgery said he has no insurance so he will not do the surgery. If he told him that they would now change their mind, can they do that? Does he have any rights? Doesn't the doctor have to put him back the way he was?
If the doctor didn't "take him apart," he would have died. He does not have to fix him if he will not get paid. You better pray that the Affordable Care Act gets funded by the government.
The assumption was that he would do the surgery if he got paid for it. Pay him and he will do the surgery. I don't believe the doctor has to put him back the way he was if he is not paid to do it.
How horrible! This would be a rather unique case. Based on the information provided, it does not sound like medical malpractice. However, if, indeed, the doctor or any of his staff world where of the insurance situation back at the time of the original surgery, you might have a breach of contract case. I suggest that you contact an attorney at your earliest opportunity.
"The way he was" when he went to the doctor was with rupturing bowels, so even if it was physically possible to put them back in, you wouldn't want that and he wouldn't do it. When the doctor said he would do the next surgery, he probably thought insurance was in the picture. He has no obligation to do the work without getting paid for it. The U.S. is the only industrialized country that does not guarantee health care for its citizens.
No, the doctor, just like you, has a right in fact a need to be paid for his services. I suspect that your husband would have been gravely ill, or dies, without the first surgery. That job is done, the reversal is another job and service. Check with your local social services agency to see if you qualify for assistance.
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