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Old 03-24-2003, 06:04 PM   #1
antryg
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Join Date: August 30, 2002
Location: Dallas, Tx.
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About 5 years ago I went into the hospital to have knee surgery. I never made it into surgery because I had a very violent reaction to the anesthesia. In fact it flat-lined me and I ended up in intensive care for a while. After I got out the surgeon, anesthesilogist, and hospital were all very concerned and nice. Considering the number of lawyers who contacted me I can guess why.
I felt that it was an accident and not a problem of neglect etc. and never did anything about it.

This weekend I received a bill from the hospital. They want me to pay for the anesthetics. (I am not making this up.) I'm thinking about telling them I'll pay the bill if they admit their negligence in giving me something to which I was allergic.
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Old 03-24-2003, 06:14 PM   #2
Animal
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Quote:
Originally posted by antryg:
About 5 years ago I went into the hospital to have knee surgery. I never made it into surgery because I had a very violent reaction to the anesthesia. In fact it flat-lined me and I ended up in intensive care for a while. After I got out the surgeon, anesthesilogist, and hospital were all very concerned and nice. Considering the number of lawyers who contacted me I can guess why.
I felt that it was an accident and not a problem of neglect etc. and never did anything about it.

This weekend I received a bill from the hospital. They want me to pay for the anesthetics. (I am not making this up.) I'm thinking about telling them I'll pay the bill if they admit their negligence in giving me something to which I was allergic.
I would consult with legal counsel first to determine your options. You can bet the hospital has!
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Old 03-24-2003, 06:22 PM   #3
Timber Loftis
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You may be the victim of a lawyer's trickery, Antryg. The Statute of Limitations on medical malpractice is 3 or 3 1/2 years in most jurisdictions, while the Statute of Limitations on a contracts claim is 6.

The time for you to sue them has passed, but the time for them to sue to collect on the contract has not.

Let's assume you have state ALL the facts and everything you say is TRUE.

Write them a letter. Refuse to pay on the basis that the goods were obviously defective, as evidenced by the injury you suffered and their reaction, that they have waived their rights to pursue the bill by their behavior, and that any attempt on their part to seek remedy will be due to a fraudulent misrepresentation of the facts. Offer to agree to an "accord and satisfaction" (important words to use) whereby you offer to NOT sue them for the injury, pain, and suffering you incurred IN EXCHANGE for their agreement that the bill is fully satisfied.

Tell them that if they fail to respond in 30 days, you will assume they have accepted your offer of "accord and satisfaction" and you will consider the issue finalized. Let them know that if they report you to any consumer credit services, you will (1) call the Better Business Bureau, (2) report the doctor/institution to the controlling state agency, (3) file lawsuit based on their fraudulent defamation, and (4) seek to file suit based on your original injury, considering any legal limitations (as mentioned above).

Oh, and never forget to be nice and cordial while screwing someone.

Oh, and lest I forget - The creative legal counselor will tell you that your loved ones can seek "loss of consortium" and "negligent infliction of emotional distress" claims due to the emotional damage they suffered when they (technically) *killed* you.

[ 03-24-2003, 06:27 PM: Message edited by: Timber Loftis ]
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Old 03-24-2003, 06:25 PM   #4
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Quote:
Originally posted by Timber Loftis:


Oh, and never forget to be nice and cordial while screwing someone.
I must remember that for next time, Timber.
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Old 03-24-2003, 06:38 PM   #5
antryg
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Quote:
Originally posted by Timber Loftis

Oh, and never forget to be nice and cordial while screwing someone.
I could say that your wife finds you to be a very pleasant person. I won't do that. I will say thank you very much for all the wonderful, and I'm sure very costly, advice.

What bothers me so much is that I think that we live in a "litigation happy" society. Mistakes happen, not every contingency can be forseen. A good and honest effort from qualified people is all I ask.After this happened I discovered that approximately 25% of the population is potentially fatally allergic to common anestheias used in hospitals. If not all doctors, at least hospitals and anesthioligst know this to be true. I didn't sue. I assumed good intent. Now a bean counter wants me to pay for them killing me.

Maybe I should start a new poll. Life is 1) a joy
2) an adventure
3) a nightmare from hell
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Old 03-24-2003, 06:43 PM   #6
Timber Loftis
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In answer to your question, Antryg, it depends on whose life and at what point in it.

Also, you might mention that local, and perhaps national, news rags would *love* this story.

I forget what state you live in, and I'm making it a point to not remember right now, because I don't want you to rely on my seat-of-the-pants this-is-what-I-would-do suggestion as the end-all be-all. But, in most instances you should challenge a bill that it is unfair to pay.

Oh, and anything you send to the bean-counter you should "cc" to the head of his department as well as the original Dr. Mr. Bean-counter won't be making any decisions that matter. Good luck.
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Old 03-24-2003, 07:01 PM   #7
Attalus
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Join Date: November 26, 2001
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First of all, TL, I believe that you have hit it. I doubt the original doctors or the hospital is aware of this at all. They simply sold all of their old debt to a collection agency, and he is the guy to go after. In addition to the very sensible steps you list, he should obtain the name of the supervisor of the collector and send him or her a certified letter demanding that they cease attepmting to collect this debt by the authority of the Fair Debt Collection Act, in Texas.
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Old 03-24-2003, 07:07 PM   #8
Timber Loftis
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Attalus makes a wonderful point. Every time I have gotten a bill years after the due date, it was because the company gathered up its piles of unpaid bills and sold them to a collection agency. If you are dealing with a collection agency, they will do nothing until the original billing entity (Doctor/Hospital) tells them to stop. You really need to make sure you communicate with all involved people on all issues on this thing. Do not assume they talk to each other.
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Old 03-24-2003, 07:41 PM   #9
TheCrimsomBlade
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Join Date: August 25, 2001
Location: Winchester ,Virginia , United States
Age: 71
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Get a texas Lawer and check texas law It is different from state to state but, I would talk to one that specializes in medical cases. Timber is right about the collection scam. alot of unpaid medical bills do get sent to a florida company that does nothing but medical collection and they buy the med bill for 20 to 50 cents on the dollar and then try to collect the bill plus int. also they get alot of their accounts by computer transmission and no human has any Idea who you are or what happened to you. My wife is a medical biller Supervisor for bad dept and she gave me this little bit of info.
GOOD LUCK !!
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Old 03-25-2003, 09:00 AM   #10
Cloudbringer
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Join Date: March 1, 2001
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whoa! Glad you came out of that ok, antryg! The memory of that incident must give you and your loved ones the shakes! Hmmm...put that in your letter to the hospital... Seriously, I'd do what Timber suggested. I found that tactic worked for me when my lawyer suggested I write Equifax to have innacurate information taken off my report. Seems an overzealous bill collector told the credit agency (one his company was a subsidiary of!) that I had a 'judgement' for a bill not paid to my former apt complex. It was a fradulent repair bill that they tried to stiff me with after I had moved out and they gave it to a collections company about a year later. It ended up being dropped when my lawyer contacted the apartment complex, but the collector continued, he even got personal and abusive.

But the notation was on my credit report. My lawyer gave me advice similar to TL's above and I sent a letter to Equifax letting them know that the abusive collector was working on his own (even used his home phone in one abusive call to me) and had been harrassing me AFTER he ceased to work for the collection agency and AFTER the apartment complex dropped their bill. I never got a reply from Equifax, but they sure dropped the notation from my report and sent me a copy of it.

Good luck, antryg!

[ 03-25-2003, 09:01 AM: Message edited by: Cloudbringer ]
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