Legal Question in Personal Injury in Ohio

I am a doctor that handled a personal injury claim for a patient. The insurance company at fault settled for the full amount of the medical bill plus additional monies for pain and suffering to the patient. The patient wanted more money than she settled for and her attorney / family friend told her the amount due me and have me submit all her personal injury bills to her medical insurance. Her medical insurer will pay about $5.00 a visit and she will have a $30 copay and she will then pocket the $50 extra for the visit I should have been paid. I sent the attorney and insurance company a copy of the lein the patient signed at onset of care. The insurance company has not cut the check yet. How can I prevent the patient from "stiffing" me on the bill? Is the advise her legal friend gave her even ethical? It's not in my profession.

Asked on 4/15/11, 5:03 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

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If the client signed a letter of protection or an assignment and is refusing to pay you, you can notify the insurance carrier of your claim and ask them to honor the claim from the proceeds. If this does not result in payment and the attorney was on notice of your claim and he refuses to protect your claim prior to disbursing the net proceeds to his client, your patient, you may have a basis to file a complaint with a certified grievance committee or the office of disciplinary counsel in columbus against the attorney. I would suggest notifying all parties in writing of your claim immediately and your intention to file a grievance if the attorney ignores the claim and was on notice of same

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Answered on 4/15/11, 6:59 pm

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