Legal Question in Personal Injury in California

I won a settlement after an auto accident. The attorney held back some funds to cover the physician claims. All have been paid except one. The case settled about 2 and 3/4 years ago. The doctor tried to charge me $20,000 for 2 visits and some routine exams, testing and treatment. He had told me before it settled "the more I charge the more you will get". I never saw or knew it would be a $20,000 charge at the time of treatment. It was never discussed (the same with 4 or 5 other physicians who saw and treated me). At the time of treatment I just assumed normal fees would be charged and actually thought this doctor was being jocular. After discussions with my PIA he sent a check for $4000 which we both thought was MORE then generous. The doctor refused to cash it and it remains uncashed today. He has never initiated any collection action against me. My PIA told me that after a couple years if he does not cash it and makes no legal action that I should "remind" him (my PIA) and he will disburse this remaining $4000 to me and more or less consider that the doctor has abandoned any right or claim. I wanted to treat the doctor fair but do resent that he tried to rip off such a huge fee from my injury. So part of me sure does want to say screw you you had a chance and a choice and take the $4000. What should I do? Is it time to push my PIA to issue me a check? Please tell me what is "customary" in a situation such as mine. This is Los Angeles, Ca for your reference. And FYI the physician is a semi "work friend" in that I have known him for years as an RN seeing him in the hospital. The few times we have seen each other he just says "when is the attorney going to pay me what I want?" and leaves it at that. We likely will not see each other again in a hospital setting as he has not privileges where I am working now. Thanks so much. Ronald


Asked on 6/23/11, 8:15 pm

1 Answer from Attorneys
Tony Carballo Carballo Law Offices

You might have to wait until you are sued by the doctor. He will have to prove the reasonableness of the bill by going to court to testify and you can may have to hire an expert witness on the cost of medical treatment to counter his testimony. eThe judge will then decide. If there is an arbitration clause in what you signed at the doctor's office the dispute may have to go to arbitration. Your attorney might not give you the money until the dispute is settled or the tme for the doctor to sue you expires which would be 4 years from the date you refused to pay. The date on the check that the foctor refused to accept might serve as the date from which he has to sue you since treatment was on a lien. Those liens usually have an attorney's fee and costs clause entitling the winner of the lawsuit to legal fees and costs. The court will have to determine who won the lawsuit if the bill is reduced. Your law

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Answered on 6/23/11, 10:38 pm


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