Legal Question in Civil Litigation in Texas

Bill Received After Settlement Reached

I received a notice from a doctor's office that my attorney had not honor his letter of protection and that payment, in full, the bill would be required immediately. I called my attorney to inquire as to how this situation was being resolved and the representative on the phone informed me that they had spoken to the doctor's office, were shocked they sent me the letter, and NOT to worry about it as they were ''taking care of the situation''. Today, my attorney called me to inform me that I owed them the balance, even though settlement was reached in this matter almost 1 year ago. Legally, am I responsible for repayment to my attorney for a bill they did not pay - even though full disclosure of the bill was made at the time of service and a letter of protection acknowledging the provider of service was sent and signed - even after full and final settlement was reached, agreed upon and paid?


Asked on 9/16/08, 6:59 pm

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Re: Bill Received After Settlement Reached

The answer to your question largely depends on the facts surrounding the treatment for the injury. If the doctor filed a lien for $X, and insurance was capped at a certain amount less than $X, then the doctor was paid less than the total charges; and depending on the settlement itself, the doctor may come to you for the difference. Just because the doctor accepts something for his/her service does not mean the doctor can't later come after the patient for the balance. It depends specifically on the agreements and settlement documents. You should get a clear understanding of what the agreements were.

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Answered on 9/16/08, 8:46 pm


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