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Ann and Bob, I agree with Bob. A bad outcome is not necessarily malpractice but from the information you give us it certainly appears that somebody is trying to hide something. In Wisconsin and I believe most other states a patient has the RIGHT to a copy of his medical record at a reasonable cost for copying or to examine the record in the presence of a third party (to be sure that the patient doesn't alter the record). It would seem that you do have a right to an itemized statement. The contract for service is between you and the doctor not the insurance company. Therefore it is the doctor's choice as to whether he is willing to file the insurance. Most doctors do both as a service to their patient and to minimize the risk that the patient is going to get the check from the insurance company and then leave town. There is something that doesn't sound right here- but obviously we are hearing only one side of the story. If you don't get some good explanations soon your only choice may be to contact a good malpractice attorney to find the missing pieces. Good luck to you and your husband and if I can be of any help let me know. Charlie MR JOSEPH GIBBONS wrote: > Dear List: You may recall that in October 1998 my husband Joe had a > bilateral laparoscopic hernia repair that has proven to be disastrous. > At that time, the surgeon punctured his bladder and his peritoneum > and he was in the hospital for five days instead of same-day surgery. > While that was bad enough, 5 1/2 months later the symptoms are > horrible. Joe had an exploratory laparoscopic surgery with another > surgeon in February. This surgeon refused to tell us what he found, > despite two post-op visits and two letters asking for information. > Now he is dunning us to pay his fee. We have medical insurance which > will pay his bill in full, yet his office has not submitted a claim. > In fact, he has not billed us either, just sends us letters saying we > have to pay. > > My questions: If he submits a claim for his fee to the insurance > company, is he somehow admitting his knowledge of the malpractice of > the first surgeon? If a surgeon or doctor knows of malpractice on the > part of one of his colleagues, is he obligated to report or testify > to this? How do doctors feel about testifying against their > colleagues in a malpractice proceeding? > > Does anyone on this great list have any knowledge or experience on > this subject? > > Needless to say, this has not helped Joe's PD. Constant stress, the > very thing to avoid, is taking its toll. > > Thank you for any light you can shed. > > Sincerely, > Ann Gibbons cg/Joe 65/2 > [log in to unmask] -- ****************************************************************************************** Charles T. Meyer, M.D. Middleton (Madison), Wisconsin [log in to unmask] ******************************************************************************************