What is an attorney’s obligation to pay the medical bills of his client after a settlement?

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What is an attorney’s obligation to pay the medical bills of his client after a settlement?

I work for a doctor’s office. We had a patient come in after an accident and he signed a statement agreeing to have his attorney pay us directly. Can we sue the attorney for not honoring the letter they received that their client had signed, especially after they verbally agreed to pay us directly? Are they liable for upholding this letter?

Asked on December 12, 2011 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Custom and practice is that when a health care provider provides services for his or her patient who has been in an automobile accident and there is a lawsuit arising out of the acccident, the attorney has the health care bills paid out of any settlement or judgment proceeds of the patient.

In your situation, has there then a settlement or judgment where payment has been made to the patient? If so, then the medical bills need to be paid from it. If there has been no payment to the patient from a settlement or judgment, payment for medical services most likely is not due.

I suggest that you first find out if there has been a settlement with your patient regarding the accident you have written about.


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