Legal Question in Legal Ethics in California

Re: Doctor not advising

Mr. Lee has given you an excellent, and comprehensive answer to your problem.

I agree that you almost certainly signed papers that you would be responsible. All of us sign (too often) paperwork without reading, and understanding, them.

Moreover, if it now reached a collection agency, you have ignored many prior warnings.

Re: Doctor not advising

First of all, you should submit this doctor's bills to your health insurance carrier for (partial) reimbursement under your policy as an out-of-network provider. The insurance company should reimburse you a portion on those bills you've already paid, and may pay a portion directly to the doctor on still outstanding bills. They all do things a little differently.

As to any remaining balance due over and above what you would have paid out of pocket had he been in network and accepted your insurance, you should raise his false (and implied) representations that he took insurance as a defense in any collection action. However, I imagine with your intake paperwork at his office, you signed papers to the effect that you would be solely and personally financially responsible for payment for treatment regardless of what your insurance company may or may not pay for.

You might also go to your health insurance carrier's website and search the network to see if this doc is a preferred provider. If so, you could bring some pressure to bear on the doc vis-a-vis the insurance company.