Legal Question in Credit and Debt Law in Texas
I'm a health care provider. I have pt's who have settleted their claims and the attorney has told them their bill has been paid. The truth of the matter is the attorney has kept the payment for their medical bills. I have a lien and an LOP. Can I sue the attorney?
2 Answers from Attorneys
No. He doesn't owe you a duty. His only duties are to his client.
You CAN sue your patient, who will then (of course) contact his lawyer.
The answer above is correct, you cannot sue the attorney because you don't have "standing to sue." You patient does. However, if your patient will sign a limited (limited only to the suit) power of attorney, you can be put into the position to sue. I'm not sure, off the top of my head, if you can also sue as a 3rd party beneficiary (i.e., the insurance payment was made to benefit you). Have to see the insurance policy to determine this.
Hope this helps a little.
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