Legal Question in Credit and Debt Law in Florida
Walk In Clinic trying to collect
Went to walk in clinic Doctor examined & had a tech do EKG. Came back & said go to ER right now blood pressure 210 over 200, heart rate 200. Went to ER. ER doc. examined & took constant EKG. Had a cardioligist examine. He & ER doc said BP had never been anywhere near 210/200 & heart rate was never 200. They said original EKG in walk in clinic was not valid & that leads were not properly placed or some problem with EKG machine. Dischargerd with diagnosis of upper repiratory infection & RX for antibiotic out of pocket cost of $75 plus more than $1,000 charge to HMO. Walk in not participant in HMO. Walk in billed $155.00 ($70 for office visit & $85 for EKG)
Paid the $70, told them we would not pay $85 for EKG (ER doc actually used word ''bogus'') Wrote them 4 times in detail regarding problems as indicated by ER doctor & Cardiologist. They only send collection letters, do not address our complaints in any way. We Have copies of hospital chart notes and copy of EKG. They have now turned over to collection agency which threatens judgement. Wrote collection agency with full explanation and enclosed copies of letters to walk in. They also ignore this. Are we on solid ground or can they get judgement?
3 Answers from Attorneys
Re: Walk In Clinic trying to collect
They cannot get a judgment until you are served with a summons and complaint. However, my concern is that the dispute will end up on your credit report (and do you really want a $55 dispute to keep you from getting credit?). That being said, send the letters by certified mail to the collection agency that you dispute the bill and you have potential claims for negligence against the walk in clinic. If this does not drop the matter and they file against you, seek legal counsel.
Good luck
Re: Walk In Clinic trying to collect
I doubt they would win in Small Claims Court. Send them letter Certified mail that you are disputing bill.
Re: Walk In Clinic trying to collect
If, and when, you are sued you must defend the action. If you don't, you will lose by default. Based upon what you state, it seems that you should prevail.
Send a certified letter to the collection agency advising that you dispute the account in that the work was improperly provided and that the charges are excessive. Direct the agency to make no further contact with you. You may need the assistance of competent counsel when you go to court.
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