Is this medical malpractice?

so heres the story: My husband had an appendectomy about 2 months ago. He went to his doctor complaining of abdominal pain who then sent him to a local hospital for a ct scan. He had the ct scan and then was told the results would be sent to the doctor and sent home with a cd said to contain the results. The doctor then called us shortly after and said it looked like appendicitis and then we were sent to a different local hospitals emergency room and told to take the cd with us for them to review and confirm. We arrived at about 11pm and were sent to a holding room where we gave the doctor there the cd. They came back a little while later and said that there was nothing on the cd and they couldnt get in touch with anyone at the other hospitals radiology department either. At that point several doctors came in and pushed on his abdomen and asked him several questions. After that they determined that they would remove the appendix on suspicion. The family doctor then called back to check in and after hearing what had happened made arrangements for another on call specialist surgeon to come to the hospital and perform the surgery. Everything went ok and we went home the next day. A few weeks later we received the bills, including the one for the ct scan. We were responsible for paying $1200, four times what we were liable for with the actual surgical procedure. But the ct scan was basically useless because there was nothing on the cd and the staff at the hospital couldnt reach anyone at the other hospital to discuss the results. they removed the appendix on suspicion of appendicitis. So, I feel that we shouldnt be responsible to pay for this but when I talked to the billing department at that hospital about that, they couldnt disagree more. Who's at fault here and who's responsible for the balance? Who can I contact or talk to about this? I shouldn't have to pay for the scan since they gave us a blank cd with the results that was totally useless....like the scan never happened in the first place. Am I right?