Lately, we have run into situations with clients who have encountered extremely aggressive medical care providers. These bold and unethical providers are hoodwinking people into signing away their legal rights in exchange for getting treatment following a car crash.
Yes, that is right. These grifters accept insurance when a patient injures their leg playing volleyball but REJECT insurance when the leg is injured in a car crash.
Why? Because they think they can put more money in their pockets for the exact SAME treatment.
Here is the type of language we are talking about:
I authorize and instruct my attorney, to pay directly to my provider money owed for medical services rendered to me in consequence of this occurrence and withhold money from any settlement, judgment, or verdict to protect said provider. I further give a lien on my case against all proceeds of any settlement, judgment, or verdict paid due to the injuries for which I have been treated.
We, of course, do not wish to harshly label an entire profession. But we find this language coming from, you guessed it – chiropractors. Not all. Just some.
The fact that it is just some suggests that ethical practitioners of the chiropractic arts know better.
Here is the problem in a nutshell. Any provider who inserts the language above into treatment authorization paperwork when they know there is available insurance to pay for treatment is laying a trap against the unsuspecting signer.
We suggest that anyone confronted with this kind of language consult an attorney before signing.
We understand that sometimes that’s not practical because the person is faced with the language at the facility. The pressure of needing treatment can make one reluctant to walk out until they have a chance to talk to an attorney.
But being asked to sign something that signs away your rights before you get treatment should be a red flag that the provider really does not have your best interests in mind.
Even if you sign, you can always ask for a copy of what you signed. Then you and your attorney may choose to write a letter that sets the record straight as to billing and how you’re going to pay for services.
Since our economy is not as resilient as it once was. We suspect this language has appeared because some providers want to cover every angle to make a scarce buck.
Obviously, there’s nothing wrong with someone being paid a fair wage for their services. But some providers will decline available insurance payments because they do not like the lower fee insurance pays them.
Let’s say a provider bills $500 for a service. Insurance may, by agreement, pay the provider $50, despite the $500 charge.
It can be enticing to decline insurance payments and convince you to sign a paper to pay them the total of $500 out of a lawsuit recovery.
Most attorneys are happy to help a client figure out how to pay for treatment in a fair way that uses all of their insurance resources available to pay for treatment.
If you have been in any kind of a car accident caused by the negligence of someone else, and were injured or sustained property damage in a car crash in Merrillville, Crown Point, Gary, Hammond, Highland, Portage, Valparaiso, or in Lake or Porter County, or any part of northwest Indiana contact our firm for help. We put our experience and resources to work for car crash injury victims throughout northwest Indiana with one object in mind: to maximize your compensation. Call our number (219)736-9700 for assistance today.
The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.
The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends.
*If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.
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