August 11, 2011
Obtaining Medical Records
Any personal injury lawsuit will require copies of medical records. People are often surprised to see a bill for $300 just to get a copy of their records.
Under Oklahoma law, medical providers and doctors can charge $1.00 for the first page and $.50 for each subsequent page. X-rays or other photographs are not to exceed $5 or the actual cost of reproduction. The providers can charge for the actual cost of mailing the records but cannot charge a fee for searching, retrieving, reviewing, or preparing the medical records.
Also note that refusing to furnish records is a misdemeanor.
January 14, 2011
Car Accidents and Medical Treatment
A recurring problem I see with people that have been in a car accident is trouble finding a medical provider to actually treat them. A lot of doctors don’t treat “third party” cases. That is, they won’t treat someone if another party caused the injuries. Most doctors want to get paid immediately, and with a car accident case, payment usually occurs when the case has been settled.
The real troubling thing I’ve seen is that someone can go to a primary care physician for years, and once they’re in a car accident, the doctor refuses to treat them. The situation is also complicated because, if you’ve been in a serious car accident, chances are you can’t work. So, you can’t pay the bills out of pocket (and then wait to be reimbursed by the insurance company). Basically, the doctor is abandoning them. So, what can you do?
Look for a doctor that works on a “lien basis.” This doctor will file a lien after treating you to protect their claim and they will get paid out of any settlement with the insurance company.
December 13, 2010
Car Accidents and Health Insurance Payments
A common misconception I see all the time is that health insurance companies will “pick up the tab” for car accident injury cases. Here’s a quick example:
Joe gets into a car accident that was caused by Bad Driver. Joe goes to the ER and to several doctors for followup treatments. His health insurance company pays for all the medical bills. Guess what happens if Joe settles with Bad Driver’s insurance company?
Joe’s health insurance company will be reimbursed for what they paid. This is referred to as their right of subrogation. The same thing will happen if the case goes to trial. Assuming Joe gets a favorable verdict at trial, his health insurance will want to be reimbursed.
November 18, 2010
“Health insurance paid for surgery caused by car accident”
What happens with my health insurance company when they pay for my surgery that was caused by a car accident that was not my fault? Will I get to keep my settlement?
If your car accident case settles (or there’s a court verdict) for damages, you’re insurance company will want to be reimbursed. This is called their right of subrogation. Note that you will still be able to keep the rest of the settlement for your pain and suffering and any lost income that’s included in the settlement.