A letter of protection is a letter sent by the attorney of an injured party to a medical provider agreeing to pay the medical expenses owed by the patient out of any future recovery whether by settlement or by trial and judgment.
If your lawyer negotiates a reduced fee for the doctor’s bill, that’s fine, and you want to see proof in writing. The take-away from this story for patients is to realize you could be on the hook for unpaid bills related to your accident if the lawyer refuses to pay your health care provider.
So, a good idea is to keep in frequent contact with your lawyer, and when it’s time to settle the case, go into the office if possible and go over payment of the outstanding bills. If your lawyer negotiates a reduced fee for the doctor’s bill, that’s fine, and you want to see proof in writing.
They put many people in a position where they have no choice but to seek help under a letter of protection and then they try to use the letter of protection to avoid responsibility for paying the bills at trial. Below is an example of what a letter of protection from an attorney to a medical provider may look like:
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter.
The recent example of our client, “Dr. S.” is typical. ‘My Polite Requests to Pay Our Bill was Ignored!’ I have a soft spot in my heart for chiropractors and respect their abilities.
There are many different possibilities here and the analysis starts with the medical lien itself. If this is a statutory medical lien that was in force at the time of settlement there is also a potential violation by the third party insurance company.
1 A physician, registered nurse, registered physical therapist and private and public hospitals have a statutory medical lien on the personal injury claim of any patient who is treated by such health care providers for injuries caused by the negligence of another.
“In all 50 states,” Steel points out, “the Doctor’s Lien, or Letter of Protection as it is also called in some states, creates a fiduciary relationship, making the lawyer trustee of settlement funds for the benefit of the client, the doctor and, finally, the attorney.
Signing a lien simply means that the doctor agrees to wait for payment — from the lawyer — when the case settles.
“When you get a phone call asking that you cut your bill, ‘because the settlement was too low and I can only get you $1, 000,’ reply by stating, ‘Please send me a copy of the draft, settlement agreement and client’s proposed disbursement.’
Specializing in personal injury cases and representing chiropractors for over 35 years, Steel explains that a lien, “It is a binding, enforceable, written contract signed by the patient, attorney and health care provider requiring bills to be paid from the proceeds of settlement prior to the individual receiving any funds.”
I suspect that the attorney withheld funds from your settlement to pay those medical service providers to whom she had signed letters of protection (LOPs).
I suspect that the attorney withheld funds from your settlement to pay those medical service providers to whom she had signed letters of protection (LOPs).
Your auto accident doctor may not honor a letter of protection because they don’t like your personal injury attorney.
First, your accident attorney will draft the LOP for your case. Next, you and your attorney will sign this letter and send the LOP to your accident doctor. At this point, all of your car accident treatment is covered with zero out of pocket expense to you.
Let’s begin by discussing what a LOP is and how it can help you get medical treatment after a car wreck. That is to say, if you do not know what a Letter of Protection is then you will not how to ask for one if you experience a serious car accident.
A letter of protection is actually very simple to understand. The Injury attorney will give your doctor a lien or letter of protection against the funds from the settlement. Said simply, the attorney guarantees that the accident doctor will get paid their fair share of any settlement funds. A LOP makes it easier for the patient or accident victim ...
To begin with, a medical lien or LOP is a serious financial instrument that provides protection for the accident doctor. However, while a LOP may give the accident doctor claim to a portion of the settlement money, it does not protect against a dishonest or greedy attorney. Many good accident doctors will not accept a LOP from attorneys who have ...
Doing research and talking to staff is the best way to make sure that you have a clinic that will accept a LOP. The worst choice you can make is treating with a doctor who does not accept an attorney lien before finding a qualified accident medical doctor.
To get a Letter of Protection, you will need to schedule an appointment with an accident attorney. Injury Attorneys are your only option when it comes to getting a LOP for car accidents. Let’s discuss exactly what a Letter of Protection (LOP) is and how it can help you get proper medical treatment after a major car accident.
In many cases hospitals or doctors will not accept the injured party’s medical insurance as a guarantee of payment for medical services rendered because private health insurance claims often deny responsibility, looking to the driver’s auto insurance for money. Table of Contents show.
It is a contractual agreement that allows the injured person to get the care they need effectively on credit with the creditor (the medical provider) agreeing to wait until the conclusion of the case to demand payment.
A letter of protection (LOP) is a letter sent to a medical professional by a personal injury lawyer representing a person injured in a car accident, work injury, or fall. A LOP guarantees payment for medical treatment from a future lawsuit settlement or verdict award. In many cases hospitals or doctors will not accept the injured party’s medical insurance as a guarantee of payment for medical services rendered because private health insurance claims often deny responsibility, looking to the driver’s auto insurance for money.
When someone is hurt at work, the injured person’s health insurance might point the finger at the employer’s worker’s compensation insurance. Financial liability for a fall injury might be redirected to the building or property owner’s insurance for example.
the injured person goes to trial and loses the case), then the injured person is still responsible for the bill and the medical provider retains the right to pursue them for the full bill just like any other debt.
A letter of protection is a letter sent by the attorney of an injured party to a medical provider agreeing to pay the medical expenses owed by the patient out of any future recovery whether by settlement or by trial and judgment. It is a contractual agreement that allows the injured person to get ...
They submit the bill to your health insurance carrier who later refuses to pay the claim because it is for care rendered as the result of an automobile collision. You cannot afford the expensive bill. Your personal injury lawyer may be able to provide the medical facility with a letter of protection in exchange for the medical provider not filing ...
Consulting a lawyer immediately may also help you get through some of the immediate pains of the protection order. For example, if you’re served and not allowed to enter your apartment for a certain number of days, your lawyer can call the petitioner’s lawyer to try to negotiate a time when a representative can go in and pick up some clothes for you. If your children aren’t included in the order, your lawyer might also be able to arrange for a time and place for you to spend some time with them prior to the first court appearance.
If your children aren’t included in the order, your lawyer might also be able to arrange for a time and place for you to spend some time with them prior to the first court appearance. Make sure your attorney understands the circumstances.
While an exact definition of an order of protection depends on your jurisdiction and whether the order is criminal (issued as part of a criminal proceeding) or civil (issued as part of a family court or matrimonial proceeding), in this article we will focus on the civil order, which we loosely define as a court order that is issued based on a claim of threatened harm and prohibits one party from having contact with, or engaging in certain other behaviors toward, the other party and/or their children.
Stay away orders specify locations where you can’t go — possibly the house or apartment you both lived in, your child’s school, your spouse’s workplace, or other places where you could potentially come into contact. No contact orders go a step further, specifying that you are not allowed to contact the person at all.
Refrain from a knee-jerk reaction. We know. You’ve just been served. Maybe that means you can’t go home , even to get a change of clothes. What do you do? While your instinct might be to reach out to your spouse to discuss it, do not. Don’t call, don’t text, don’t try to contact him or her in any way. Doing so could put you in direct violation of the order, and it may result in your arrest, even if the order being violated was a civil and not a criminal order of protection.
Whether you believe the order is warranted or not, and even if you have plenty of information to dispute its merit, respect that it is a lawful order you must follow for as long as it is in effect. Otherwise, you will be in violation and can be arrested.
Don’t tell anyone at the office. This is a private matter. Don’t allow it to damage your reputation or career by making it public. Your lawyer can also help you understand any potential implications for professional licenses or certifications.
A personal injury attorney can be a valuable ally in several ways – first, they help determine who is fault for your injuries and help hold the responsible parties accountable. Second, they help ease your financial burden by making sure that the negligent party pays for the full amount of your medical bills – and part of this is negotiating your ...
Unfortunately, while your case is still pending, you might receive nagging calls from the hospital’s billing department, which eventually files a lien against you for payment. If a lien against you exists, your attorney will likely have to negotiate with the hospital to lower your medical bills while your personal injury case is still pending.
What most people don’t realize, however, is that many of these costs are inflated because insurance companies typically cover only a fraction of what a hospital charges. As a result, hospitals inflate their prices, so insurance companies will pay more on a claim, and the cycle continues. Unfortunately, this just creates premium increases and the extra costs are passed on to the consumer.
If your attorney thinks that a cost is unreasonable, then the burden of the proof is on the hospital to provide enough evidence that your medical bill costs are indeed reasonable.
Yes, You Can Negotiate Your Medical Bills. Most people who receive care at hospitals have experienced the sticker shock of getting the final bill. Consider the following average costs: Even after insurance coverage, families end up owing thousands of dollars for simple and even routine medical procedures.
Prior to distribution of settlement proceeds, an attorney should make sure that all liens are satisfied and all bills are paid. If your attorney will not speak with you, your next step would be an appointment to meet with him/her and/or certified letter regarding this. Good luck...
A letter of protection only guarantees that the attorney will pay the bill out of any proceeds of the settlement or verdict recovery. The medical provider can assert a claim agains the attorney however the responsibility is yours to pay for the treatment since you received the funds that should have paid the bill in the settlement.