Legal Question in Credit and Debt Law in Massachusetts

I'm in MA. Can an Eye doctor start collection activity on my daughter. She had the service done when she was 17 and BCBS rejected the claim. The doctor never sent a bill. Almost a year later they say they sent a letter then sent it to a collection agency. I believe that this is my debt not hers and am willing to pay the original bill but not all the trumped on charges from the doctor as well as the collection agency.


Asked on 6/21/10, 10:32 am

1 Answer from Attorneys

Warren Wood Law Offices of Warren Wood

It is customary and indeed desirable for a Eye Doctor/Creditor to bill prior to collection activity. Many doctors require payment prior to rendering services and most still hold the patient/responsible custodian liable for the bill if the health insurance company refuses to pay the claim.

In this instance, I lack sufficient facts about payment notices to you prior to your receiving medical services for your minor daughter or the claimed "mailing" to you. What are the "all the trumped on charges from the doctor as well as the collection agency (Total amount)"?

Are they significant? Are they more than you could reasonable negotiate by talking directly with the physcian and offerring to promptly send him payment in exchange for a "paid as agreed" status (If your credit had been reported negatively.),.

If this matter warrants full legal assistance, feel free to contact this Office. We handle meritorious consumer claims. Good Luck!

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Answered on 6/21/10, 1:52 pm


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