QUESTION

What can I do if a doctor wants to be paid for work he did not do?

Asked on May 29th, 2013 on Personal Injury - Michigan
More details to this question:
This is a personal injury case. We went to arbitration. The management was ordered to pay $50,000.00. The attorney told me it was rejected by the defense. The lawyer is aware of it. Also I am pretty sure my insurance paid the other doctor and the lawyer is telling I have a bill with this other doctor. I don't believe I owe these doctors what they are asking for. Also I know I have to pay my lawyer a percentage but he said I owe him additional money he put out. Can he do this and can I stop payments to these doctors?
Report Abuse

7 ANSWERS

Ronald A. Steinberg
If he did not do the work, he is not entitled to get paid.
Answered on Jun 04th, 2013 at 2:26 AM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
The doctors you are being asked to pay help you get the $50,000 award. Talk with your attorney, but if he said they did the work, they probably did the work. And yes, look at your fee agreement. I am 99% positive that there is a statement in there that you must reimburse your attorney for costs advanced on your behalf.
Answered on May 31st, 2013 at 11:40 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
With all due respect you don't seem to know what you are talking about. You need to spend a little time talking with your lawyer. you owe your lawyer if the case is settled. You owe any expenses he went to. This should be in your written contract with him. You also owe any unpaid medical bills. I do not understand what you are talking about as regards the settlement. You seem to indicate the case was settled and then indicate it was not. talk to your lawyer with all your questions. Don't second guess him. If he wont answer your questions fire him and hire another and take his advice.
Answered on May 31st, 2013 at 11:40 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
This all depends on what our fee agreement with the attorney is and whether the doctors have liens or subrogation interests on the proceeds of your case. Normally, when you get medical treatment, you sign a document that assigns to the doctor the right to collect his/her bill from the proceeds any lawsuit that you may have for injuries which are related to the medical treatment. If you signed such papers, the lawyer has to pay the doctor bill out of the personal injury proceeds. If you believe the doctor overcharged you or has already been paid by insurance, you can certainly dispute the bill, and if you and the doctor cannot agree, you may have to go to court over how much you owe. Most fee agreements with attorneys provide that the attorney gets paid a percentage of any proceeds he/she obtains (usually a 1/3, sometimes 40%), plus the attorney is entitled to be reimbursed for any costs he/she incurred such as the cost of obtaining medical records (doctors charge a fee for sending records), costs of depositions, cost of mediation or arbitration, etc.)
Answered on May 31st, 2013 at 9:38 AM

Report Abuse
You should have a sit down with your lawyer. Your agreement with him at the beginning of the case will almost assuredly spell out the lawyer's fees and your responsibility for certain case costs that are not part of the attorney fee. That is not an uncommon practice. As for the question of a doctor payment, again, address this with your lawyer. Medical providers generate bills.Your settlement or trial award is a known amount. An accounting of how the money flowed to where is also not uncommon.
Answered on May 31st, 2013 at 9:37 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Your question is too vague to answer. "The attorney told me it was rejected by the defense" Whose attorney, yours? What does "rejected by the defense" mean? What was rejected? "The lawyer is aware of it" Again, your lawyer? Aware of what? You are "pretty sure the insurance paid the other doctor": "pretty sure" does not mean you have proof. What other doctor? I'm only halfway through. Pay another lawyer in your area to review the file and advise you as to what is going on.
Answered on May 31st, 2013 at 9:37 AM

Report Abuse
John Hone
First, regarding your contract with your lawyer. If you advanced the costs and expenses in your case, you get them back off the top from the settlement. If your lawyer advanced the costs and expenses of your suit, he gets reimbursed off the top of the settlement. In Michigan, the costs and expenses come off the top, and the balance is split between the client portion and the attorney fee. It lacks sophistication to suggest that the costs and expenses are part of the fee. Regarding the medical lien, find out what it is, and check against your calendar. If you did get the medical services you are being billed for, you are responsible for that. Communicate with your attorney how to negotiate this bill down. Work with your attorney.
Answered on May 31st, 2013 at 9:36 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters