Legal Question in Civil Rights Law in Kentucky

Outrageous Billing People

After an insurance company pays the claim and i pay the co-pay then according to insurance company in order to be a provider the physician agrees to accept what they pay. The physician's office has harassed me for 2 years for the difference that the insurance co. says I don't owe. The insurance company has even contacted the physician's office to tell them and the physicians office still contacts me and harrasses me for the payment. Do I have any legal recourse to sue the physicians practice? Please help asap


Asked on 1/17/03, 9:49 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Outrageous Billing People

You have a valid defense to the payment. If the physician continues to dun you for the payment, you can hire an attorney and sue him, but that will not be cost-effective. In most cases the physician is unaware of this. You might try going to the practice and talking directly to the doctor. If that doesn't work, you might try going to the office manager and talking directly to her.

If that doesn't work, you can sue in small claims court for a reasonable amount, say, $500, for harassment, or for the exact amount of the bill they are trying to collect. If the doctor has to take a day out of his practice to defend a lawsuit, it will cost him more to defend than to just reach a settlement with you.

However, before going to small claims court, you should try to negotiate with them. If that doesn't work, (and be sure to keep a copy of your notes to show the judge where you talked to people, and a copy of your letters showing you sent them the information) your last recourse is to take them to small claims court to stop the harassment.

Good luck.

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Answered on 1/17/03, 9:56 am


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