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View Full Version : Have my small claims case hearing tomorow....


Roo
09-13-2007, 9:54 PM
over 2 years ago I was hit on my motorcycle and went to a doctor. I asked the doctor if he accepted Blue Cross and he said yes. I gave him my Blue Cross card, my insurance information, and the information of the girl that hit me. He assured me that he would bill blue cross and then bill the insurance company the amount Blue Cross doesn't cover. Well he never did, in fact he never sent a bill or invoice to anyone! After talking with my attorney he stated that my case as settled for less because he had a hard time getting any information from the doctor. After my case settled the doctor called my attorney and asked for his money and my attorney told him he never received a lien nor a bill and that the case is settled. The doctor then went and filed a small claims case against me for the amount he says I owe. After I found out about that I tried to turn it into blue cross and they said the invoice was incomplete because it had no diagnostic codes. Blue Cross and myself both sent letters and documents to the Doctor requesting he fill out the paper work correctly but he never did. Now remember he never contacted me about this, never sent me a bill, and even told my attrney he will not speak to me directly. I am not too sure what is going to happen tomorrow but I am not too worried since I have a long paper trail of him not doing what he says and not filing paperwork right. But you never know what the judge is going to say...

/rant..

Q
09-13-2007, 10:09 PM
So the doctor doesn't accept blue cross? Why didn't you just send him the blue cross info again and pay the difference? The doctor told you he would take bluecross but instead wanted you to pay him the full amount? :confused:

Or is it because the insurance doesn't cover it or the insurance is a problem?

rhunter
09-13-2007, 10:11 PM
... I am not too sure what is going to happen tomorrow but I am not too worried since I have a long paper trail of him not doing what he says and not filing paperwork right. But you never know what the judge is going to say...

/rant..

If you have lots of paper, and he knows it, he will most likely not even show up. If he does show up, you have to show/share all your info with him right before you see the judge. He has to do the same. Look at signatures and dates. Dr.'s some time have patients with similar names and get "confused" over charges. Hey Roo, how many times did you really have your breasts enlarged? You should be DD by now!!!

If he does not show and calls in to the judge with some excuse, no matter how plausible, explain to the judge how you just want this over with. You have bent over backward to see that the good Dr. has been paid. You took off work to see that everything you have done is in good order. DON'T HAND THE JUDGE YOUR PAPER WORK, USE IT AS A PROP. Wave your paperwork (add some blanks to the stack if necessary) and show exasperation that you will have to take off another day to go to court.

Usually they Judge will issue a summary judgment in your favor (not right away) Be cool, don't be as @ssditch.

If he does show up and you have *organized* your paperwork and can retrieve and rebut any BS the good Dr. spumes forth with, you will (I am not a lawyer and I didn't stay at the holiday inn last night) or may or may not win. Ever been to Vegas kid?

Roo
09-13-2007, 10:12 PM
So the doctor doesn't accept blue cross? Why didn't you just send him the blue cross info again and pay the difference? The doctor told you he would take bluecross but instead wanted you to pay him the full amount? :confused:

Or is it because the insurance doesn't cover it or the insurance is a problem?

He isn't blue cross, never has been, he lied. I sent Blue Cross the info so they can reimburse me but he didn't fill out the paper work correctly and they cannot do anything till he does. They sent him and I have sent him ( 3 times) a letter stating this and he never responded.

Roo
09-13-2007, 10:13 PM
So not only did he lie about being blue cross he never sent blue cross anything, my insurance company anything, my attorney anything, or the person who hit me insurance.

Q
09-13-2007, 10:32 PM
Ok, so he can't get payment from blue cross because he is not with blue cross. And you payed the doctor, but you need the doctor to fill out some paper work so blue cross can cover the difference. I wonder how the insurance company fits in? kinda interesting, let us know what happens.

Roo
09-13-2007, 10:35 PM
If you have lots of paper, and he knows it, he will most likely not even show up. If he does show up, you have to show/share all your info with him right before you see the judge. He has to do the same. Look at signatures and dates. Dr.'s some time have patients with similar names and get "confused" over charges. Hey Roo, how many times did you really have your breasts enlarged? You should be DD by now!!!

If he does not show and calls in to the judge with some excuse, no matter how plausible, explain to the judge how you just want this over with. You have bent over backward to see that the good Dr. has been paid. You took off work to see that everything you have done is in good order. DON'T HAND THE JUDGE YOUR PAPER WORK, USE IT AS A PROP. Wave your paperwork (add some blanks to the stack if necessary) and show exasperation that you will have to take off another day to go to court.

Usually they Judge will issue a summary judgment in your favor (not right away) Be cool, don't be as @ssditch.

If he does show up and you have *organized* your paperwork and can retrieve and rebut any BS the good Dr. spumes forth with, you will (I am not a lawyer and I didn't stay at the holiday inn last night) or may or may not win. Ever been to Vegas kid?

The funny part is this is the second time he has filed this! The first time he never showed up but refiled the case and had me served within 2 hours of the original court date :confused:.

I have been to Vegas but I am not a gambler.... I don't like giving money to someone unless I am getting something back :p

Roo
09-13-2007, 10:38 PM
Ok, so he can't get payment from blue cross because he is not with blue cross. And you payed the doctor, but you need the doctor to fill out some paper work so blue cross can cover the difference. I wonder how the insurance company fits in? kinda interesting, let us know what happens.

I never paid the Doctor, he was suppose to bill blue cross or one of the insurance companies. The insurance companies fit in because usually when you get in an accident the doctor will send bills to either your insurance company or the person responsible (like the other doctors did). The problem is he never sent anyone a bill until after the case settled...

wilit
09-13-2007, 10:45 PM
Make PLENTY of copies of everything before you go to court. I didn't go though a small claims court, but I did have to deal with a bankruptcy and an ex-girlfriend. It's not a fun process. Just make sure you have at least 4 copies of EVERYTHING! Keep the originals for yourself, but make sure to bring those to court (obviously).

Roo
09-13-2007, 10:47 PM
Make PLENTY of copies of everything before you go to court. I didn't go though a small claims court, but I did have to deal with a bankruptcy and an ex-girlfriend. It's not a fun process. Just make sure you have at least 4 copies of EVERYTHING! Keep the originals for yourself, but make sure to bring those to court (obviously).

Yea I have had to sue a roommate before so I know the process. Even though I have all the information I will most likely still loose.. All I am asking the judge to do i issue a continuance so he can bill Blue Cross and I'll cover whatever blue cross doest cover.

ghettoshecky
09-14-2007, 3:03 AM
gawd sorry to hear the tough **** you went through, but out of curiosity since you're in La Verne what was the name of this problematic doctor and the name of his medical office?

bwiese
09-14-2007, 9:44 AM
Most doctors offices have a sign inside, near the desk/window, saying something like, "You are responsible for payment of bills regardless of insurance matters."

If there's insurance problems the doctor or medical firm still wants their money.

Also that doc may be part of a medical firm and the doc can't speak for the corporate billing practices. "Yeah we take Blue Cross" ain't really much of a contractual agreement.

Roo
09-14-2007, 9:58 AM
Most doctors offices have a sign inside, near the desk/window, saying something like, "You are responsible for payment of bills regardless of insurance matters."

If there's insurance problems the doctor or medical firm still wants their money.

Also that doc may be part of a medical firm and the doc can't speak for the corporate billing practices. "Yeah we take Blue Cross" ain't really much of a contractual agreement.

The doctor hindered my case because he never sent any documents to my attorney. He never sent me a bill, my attorney a bill or anyone a bill. He just calls up one day and says 'hey, where is my money' after the case has been settled (2 years later). I had to settle a case for far less than what it was worth because the doctor would not return my attorney's calls. My hearing is at 1pm so we will see...

bwiese
09-14-2007, 10:14 AM
The doctor hindered my case because he never sent any documents to my attorney.

That's a separate matter. I think doctors often charge extra for these services. His main obligation to you is for health care and fixing you up, which was accomplished.

Maybe your attorney didn't offer to pay for the time/consultation?

The lawyer charges for his time and $1 per photocopied page, why wouldn't the doctor be any different?



He just calls up one day and says 'hey, where is my money' after the case has been settled (2 years later).

OK, so that's indeed stretching it, he likely can't bill you now that far out.
Depends what you signed at the desk.



I had to settle a case for far less than what it was worth because the doctor would not return my attorney's calls. My hearing is at 1pm so we will see...

That has no bearing. You could always have seen another doctor/called a another doctor as an expert (not as good as orig doctor, but

You have no 'right' to have a doc spend extra time to help you on a case, and he is not liable for differentials in a court settlement for an incident caused wholly by someone else.

JawBone
09-14-2007, 10:17 AM
The funny part is this is the second time he has filed this! The first time he never showed up but refiled the case and had me served within 2 hours of the original court date :confused:.

My two cents:

If he really just never showed up for the previous SC hearing, then the judge should have ruled in your favor? If you have that judgment I would bring it or the case number/info. If his "new" case is based on the same facts, the Judge should throw the new case out based on Res Judicata (http://en.wikipedia.org/wiki/Res_judicata).

Caveat: If the doctor somehow dismissed the case before the previous hearing, this will not work.

Roo
09-14-2007, 11:12 AM
To bwiese. How can my attorney fight a case if he has nothing from the doctor? How could he get a settlement amount before he has seen the doctor bill? That is my only case. My settlement did not include his fees because he NEVER sent my attorney a bill or any information until after the case settled when he tried to collect money.

Roo
09-14-2007, 11:14 AM
My two cents:

If he really just never showed up for the previous SC hearing, then the judge should have ruled in your favor? If you have that judgment I would bring it or the case number/info. If his "new" case is based on the same facts, the Judge should throw the new case out based on Res Judicata (http://en.wikipedia.org/wiki/Res_judicata).

Caveat: If the doctor somehow dismissed the case before the previous hearing, this will not work.

He did dismiss the case but he wouldn't do it without prejudice

bwiese
09-14-2007, 11:46 AM
To bwiese. How can my attorney fight a case if he has nothing from the doctor? How could he get a settlement amount before he has seen the doctor bill? That is my only case. My settlement did not include his fees because he NEVER sent my attorney a bill or any information until after the case settled when he tried to collect money.

Why is that even relevant? Why do you think he has a duty to help you file a lawsuit? He doesn't. You made a *request*, which wasn't honored. Ethically/professionally, he's only obligated to fix you up.

If he WERE to do this for you, I'd bet he'd (rightly) charge for time involved.

Why should he spend time/money helping you? And given that he couldn't even bill you properly, he probably threw off your lawyer's stuff in the junk mail without reading it anyway.

If you somehow subpoeaned him, perhaps you coulda gotten something outta him.

I'm just curious how you can expect free work outta somebody for something that's not their business. Whether or not it ruins your court case ain't his biz.

thedrickel
09-14-2007, 11:52 AM
Why is that even relevant? Why do you think he has a duty to help you file a lawsuit? He doesn't. You made a *request*, which wasn't honored. Ethically/professionally, he's only obligated to fix you up.

If he WERE to do this for you, I'd bet he'd (rightly) charge for time involved.

Why should he spend time/money helping you? And given that he couldn't even bill you properly, he probably threw off your lawyer's stuff in the junk mail without reading it anyway.

If you somehow subpoeaned him, perhaps you coulda gotten something outta him.

I'm just curious how you can expect free work outta somebody for something that's not their business. Whether or not it ruins your court case ain't his biz.

It's not his business to send a bill for services rendered? :confused:

JawBone
09-14-2007, 11:53 AM
He did dismiss the case but he wouldn't do it without prejudice

Just a point of clarification here on the previous dismissal:

If he checked the box "With Prejudice" you win. He can't refile.

If he checked the box "Without prejudice" then he can refile.

Roo
09-14-2007, 11:54 AM
Why is that even relevant? Why do you think he has a duty to help you file a lawsuit? He doesn't. You made a *request*, which wasn't honored. Ethically/professionally, he's only obligated to fix you up.

If he WERE to do this for you, I'd bet he'd (rightly) charge for time involved.

Why should he spend time/money helping you? And given that he couldn't even bill you properly, he probably threw off your lawyer's stuff in the junk mail without reading it anyway.

If you somehow subpoeaned him, perhaps you coulda gotten something outta him.

I'm just curious how you can expect free work outta somebody for something that's not their business. Whether or not it ruins your court case ain't his biz.

You are misunderstanding me here. I am NOT expecting free work, I EXPECTED him to bill the insurance company like he said he would. We NEVER asked him to testify, all we asked of him WERE FOR THE BILLS! He NEVER gave anyone a bill, how am i suppose to pay a bill I HAVE NEVER RECEIVED? We NEVER asked him to help us file a lawsuit we asked for THE BILL!!!

He lied about being a blue corss provider as well.

Roo
09-14-2007, 11:56 AM
Just a point of clarification here on the previous dismissal:

If he checked the box "With Prejudice" you win. He can't refile.

If he checked the box "Without prejudice" then he can refile.

Then I have it backwards. He wouldn't do it with prejudice.

Roo
09-14-2007, 11:57 AM
It's not his business to send a bill for services rendered? :confused:

Thats what I don't think he understands. We never asked him to testify or anything. All we ever asked for was the bill which he never gave to anyone till AFTER the case settled...

sardaukar
09-17-2007, 1:07 AM
So...how did it go?

Yankee Clipper
09-17-2007, 11:18 AM
Shouldn't your doctor bills be covered by the insurance (medical coverage) of the person who hit you?

Fjold
09-17-2007, 1:03 PM
Shouldn't your doctor bills be covered by the insurance (medical coverage) of the person who hit you?


Not if he never got a bill and never submitted it as part of the settlement/suit.