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PI lawsuit: Treat and bill?
By Todd Crabtree, DC, JD, MBA
My patient’s medical benefits were recently cut off by the automobile insurance company. She has an attorney pursuing a claim on her behalf. Should I continue to treat this patient and let the bill accumulate or make her pay cash?
If the circumstances of your patient’s case give you reasonable confidence that your bill will be paid in its entirety, continue to treat the patient and let the bill accumulate. However, require your patient and her attorney to sign a doctor’s lien form.
This makes them legally and ethically obligated to pay your bill out of any compensation received from the insurance company. If one or both of them refuse to sign the doctor’s lien, consider your bill at risk and pursue cash or secondary insurance for payment of ongoing treatment.
Since the laws regarding doctors’ liens vary, you should consult with local counsel regarding the enforcement of such liens in your state.
Todd Crabtree, DC, JD, MBA, is the founder of Crabtree Law Firm PA, which specializes in personal injury, and of Clinic Doctor Inc., an outsource business service provider offering chiropractors billing services, claims-denial management, customized marketing and practice management consulting. He can be reached at 800-899-5859 or by e-mail at Todd@CrabtreeLawyers.com.
LEGAL DISCLAIMER: This column is provided for educational purposes only. The accuracy or timeliness of the information pre-sented herein is not warranted. The information presented is not intended to be advice as to a specific fact pattern with which you may be presented. Accordingly, please note that the information contained herein is not presented as legal advice with respect to any matter and that no attorney-client relationship is established.
| Notice of doctor’s lien |
| TO: |
Attorney’s Name |
Doctor’s Name |
| |
Address |
Address |
| RE: |
Medical Reports and Doctor’s Liens |
|
I do hereby authorize the above doctor to furnish you, my attorney, with a full report of his/her examination, diagnosis, treatment, prognosis, etc., of me in regard to the accident in which I was involved.
I hereby authorize and direct you, my attorney, to pay directly to said doctor such sums as may be due and owing him/her for medical service rendered me by reason of this accident and by reason of any other bills that are due his/her office and to withhold such sums from any settlement, judgment or verdict as may be necessary to adequately protect said doctor.
And I hereby further give a lien on my case to said doctor against any and all proceeds of any settlement, judgment or verdict which may be paid to you, my attorney, or myself as the result of the injuries for which I have been treated or injuries in connection therewith.
I fully understand that I am directly and fully responsible to said doctor for all medical and/or surgical benefits, including major medical, submitted by him/her for services rendered me and that this agreement is made solely for said doctor’s additional protection and in consideration of his/her awaiting payment. And I further understand that such payment is not contingent on any settlement, judgment or verdict by which I may eventually recover said fee.
Dated:
Patient’s Signature:
Witness:
Address:
Acknowledgement of attorney
The undersigned being attorney of record for the above patient does hereby agree to observe all terms of the above and agrees to withhold such sums from any settlement, judgment or verdict as may be necessary to adequately protect said doctor above-named. The undersigned attorney’s signature must be accompanied by patient’s signature, otherwise this lien will be void.
Dated:
Attorney’s Signature:
This office holds an assignment/lien on this case for services rendered. Any settlement of this claim without honoring this assignment/lien will cause you to be responsible to this office for payment.
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