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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]But then why did the hospital tell the mother and daughter they were lying about / making up the condition, and then billing their insurance for the treatment of this very condition? Is there no negligence / infliction on emotional distress in doing so?[/quote]

To me, that’s an interesting question but the answer may be easily arguable and UNinteresting.
As in, can’t they claim they are observing her for this diagnosis, bc no other “explanation” can be found, but then also be skeptical that symptoms (absent the mother’s reminders) are not present to support it? It is not necessarily evidence that the hospital believes she has this condition—but rather they could argue that it’s evidence that they needed to enter a billing code and that is the closest they had to an explanation for why she is in the hospital at the time it was entered. What other code could they use? Is there an insurance billing code for “we think the diagnosis was based on symptoms that are imagined and pushed into the daughter by the mom—but we arent sure”? Maybe it should have been billed as psychiatric evaluation, but she was in the ICU, not psych ward…

At the end of the day, you could maybe argue insurance fraud? But that is a different lawsuit between the hospital and insurance company, right?[/quote]

Maya has CRPS. She was diagnosed with it before she entered the hospital, and it was confirmed after Beata's death. The press accounts and the documentary briefly explain that it took her about two years of therapy and treatment after Beata's death before she was able to walk on her own. I understand that medical professionals are mandatory reporter, and that once the report is made, the matter might be mostly out of their hands. Still, after the report, Maya remained their patient, and they had a duty to do no harm. She was a little girl who was in pain who the hospital allowed to be cut off from her family and treated in an inappropriate way by a social worker. Perhaps the documentary does not present the entire picture, but the hospital seemed more concerned with winning a power struggle with Beata than with providing compassionate care to Maya.[/quote]

1. We have no proof other than the family’s claims that it took her about two years of therapy and treatment after Beata's death before she was able to walk on her own. The family also said she was in pain in the hospital and we don’t see that.

2.  ”…after the report, Maya remained their patient, and they had a duty to do no harm. She was a little girl who was in pain who the hospital allowed….” We don’t see her in pain in the hospital.

3. Court appearances were happening. If mom was claiming she had lesions and the hospital needed to show she didn’t- there is only one way to prove that negative. Pics showing no lesions. 
[/quote]

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