I have not heard of a doctor filing the band when they put it in because of the swelling you have from having it put on I will not get my first fill for about 2 months after Iam banded thats why they tell you to do just the liquids and cold thing that first week cold fliuds and popscicles to help reduce the swelling I think this guy should be picking up the tab for your ER stay as this was his fault.