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The Rohrstaff Law Firm

The Rohrstaff Law Firm

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DON'T SIGN THAT MEDICAL LIEN FORM


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1/24/2013
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IF YOU HAVE BEEN INJURED IN AN ACCIDENT, DO NOT SIGN ANY FORMS BEFORE SPEAKING TO AN INJURY LAWYER.

There are laws, both federal and state, that govern what a health care provider can claim from your accident case. Those laws are complicated and confusing. You should not sign any forms that require you to pay the health care provider in full from what you recover from the person who injured you until you are sure the health care provider is entitled to full payment. (I'm just going to say "doctor", but it also means hospital and other kinds of health care providers.)

Liens -- The great monster that could be lurking in your case.

Often, if your medical bills were paid by health insurance that you get through an employer, the health insurance company or plan may be able to require you to repay it out of any personal injury recovery. Although the insurance law in Virginia generally prohibits such claims by insurance companies, they often make the claims anyway. After all, they sometimes get paid when people do not know what the law is. (Frankly, the law covering these types of liens is VERY complicated. Even some lawyers get it wrong - which is why you need to consult an experienced injury lawyer who can help you figure it out.)

Added to the already confusing insurance lien picture, though, is the form that lots of patients are told to sign when they first seek medical treatment for their injuries. These forms typically include a promise to pay the doctor her full fee from your personal injury recovery -- not just the fee that the doctor and your health insurance company agreed upon. That is not fair to you, and you should not agree to sign the form that guarantees the doctor will get more from you that she could get from the insurance company that you or your employer has already paid premiums to.

If you have questions about forms you may have signed in your case, contact us at 703-260-6070, or fill out the CONTACT US form on the right, or send an email to [email protected] Better yet, SPEAK TO A LAWYER BEFORE YOU SIGN THE FORM. It may be too late once you have already promised to pay the full amount instead of the contracted amount.



Category: Injuries and Wrongful Death

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Sandra Rohrstaff
Virginia Child Injury and Elder Abuse Attorney

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