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Ann,

I am not a general surgeon, but I do review work for malpractice
cases (in neurosurgery).  I will give you my "take" on this issue.

The second surgeon is obligated to share the information (as to what
he found) with you.  If he is a participant (contracted) with your
insurance carrier (or if he accepted assignment on Medicare), he
cannot bill you until he has first looked to the insurance company
(or Medicare) for payment.  And then, he can only bill you for the
deductible and co-insurance, if present.

As to the issue of the possible malpractice, I cannot tell if the
second surgeon is trying to "shield" the first or not.  Bladder
and/or peritoneal injury in a laparoscopic surgery is not necessarily
malpractice, although it may be.

I would recommend:

1.Write another letter to the second surgeon asking him for a
discussion of his findings.  You may even want to suggest an
appointment for such.

2. In that letter, tell him that you will not make any payments until
you see an itemized bill including the billing to the insurance
carrier.

3. If you want to do such, you can send me copies of the letters from
the (second) surgeon and perhaps I can suggest a "wording" for your
letter to him.  Also include copies of any correspondence which you
sent to the (second) surgeon.

4. You may need to consult an attorney who is experienced in medical
malpractice cases.  It is a specialized field and there are a lot of
lawyers out there who are not well-schooled in what is a difficult
field.  If the doctor(s) will not respond to your inquiries, they can
be forced (by subpoena) to provide the records, including the
hospital records which should show what was done and what was found.
Where are you located?  I may know someone who does this kind of
work.

5. Send any further letters which you write to the surgeon by
Certified Mail, return receipt requested, so you have proof of
delivery.

I do not know the whole story.  Neither of these doctors may have
done anything "wrong".  There is, however, some "suspicion": in my
mind from what you write, and more information is needed.  If you
decide to send the letter copies as above, e-mail me back and I will
give you another address to send them to (my home office).  Good
luck.


Best,

Bob

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ROBERT A. FINK, M. D., F.A.C.S.
Neurological Surgery
2500 Milvia Street  Suite 222
Berkeley, CA  94704-2636  USA
Phone:  (510) 849-2555   FAX:  (510) 849-2557

WWW:  <http://www.dovecom.com/rafink/>

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"Ex Tristitia Virtus"

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