How to Challenge a Medical Bill

The world (and the internet) is full of medical bill horror stories, from massive costs for uninsured patients undergoing extensive treatments to denied insurance claims wreaking havoc on families and loved ones. Getting stuck with a large medical bill can put a major crimp on your bank account, savings, credit score, and financial future. So how do you challenge a medical bill?

1. Act Quickly

It's worth repeating that bills usually have a due date. While these deadlines can be extended, challenging a medical bill is best done from a fairly early point. Acting quickly can make writing down your account of what's happened and keeping paper or electronic records easier -- a common problem after time elapses.

2. Keep Detailed Records

Many hospitals, doctors' offices, and insurance companies will bombard you with paper. Bills, invoices, letters, and more provide a paper trail should patients dispute or challenge a bill. You should keep everything they send, and in turn keep records of every letter or email you sent or notes of any phone calls you make. It'll pay off later.

3. Dig for More Info

About those records ... they're not necessarily meant to be informative -- to you. What's being charged, why, and (especially) whether it's reasonable are questions that you may have to request clarification about or seek out on your own.

Politeness can go a long way here. Insurers especially will be on the lookout for the early signs of lawsuits, and aggressive or angry calls and emails are a giveaway. And it's often true that Ted from customer service doesn't know the answers to detailed questions, but should know where to refer them.

4. Negotiate

Most major bills can be negotiated down. Getting paid - even if not paid at the billed rate - matters to creditors of all stripes at the end of the day. Especially for the uninsured, doctors may give discounts. Insurance companies might settle for a lesser amount rather than have a dispute drag on with little chance of recouping at the end. While it can be a new experience for many, negotiation is often worth the discomfort.

5. Get Help as Needed

There are professionals out there who can help you research, negotiate, and settle medical bills in particular. For situations where you can't come to terms with an insurance company and doctor, you can also speak to a lawyer about it.

Related Resources

• Find a Lawyer Near You (FindLaw's Lawyer Directory)
• 7 Tips For Fighting And Paying A Big Hospital Bill (Forbes)
• Woman Charged $17,850 for Urine Test (FindLaw's Common Law)
• Can I Sue for Hospital Negligence? (FindLaw's Injured)
• What To Do if Your Health Insurance Claim is Denied (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2018/02/how-to-challenge-a-medical-bill.html

HIV Patients Sue CVS Over Privacy Issue

There are many things that Americans hold dear, and one of the big ones is the right to privacy. And, when we feel that we've suffered an invasion of privacy, we want the person who violated our privacy held accountable. That's what's happening with a group of HIV patients who have filed a class action lawsuit against CVS.

How Did CVS Violate These Patients' Privacy?

The HIV patients are claiming that CVS pharmacy insurance plan violated their privacy by making them buy their HIV/AIDS medication at CVS retail stores or having the medication mailed to their homes. One class member explains that his medication was delivered to his home while he was at work, which meant that the package was left at his front door all day, risking his neighbors seeing them.

Another class member explains that there are privacy issues when picking up from a CVS retail store as well. He states that there's no privacy when talking to the pharmacist, and he's concerned with others finding out that he's HIV positive.

Elements of an Invasion of Privacy Claim

There are different types of rights to privacy claims, and the elements of the claim will depend on the type of claim. In the case of the HIV patients suing CVS, it would appear that they're suing for public disclosure of private facts. Although the elements for this claim will vary depending on a particular state's laws, generally a plaintiff will need to establish the following:

1. The disclosed fact was private;
2. There was a public disclosure of the fact that was private; and
3. The disclosure is offensive to a reasonable person of ordinary sensibilities.

As previously stated, the specific elements will vary depending on state laws. If you believe that you have an invasion of privacy claim, it's best to discuss your situation with a local personal injury attorney.

Related Resources:

• Torts and Personal Injuries (FindLaw's Learn About the Law)
• What Is Invasion of Privacy? (FindLaw's Injured)
• Model Can Seek $1.5M for HIV Ad Featuring Her Image (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/02/hiv-patients-sue-cvs-over-privacy-issue.html

Can Doctors Be Sued for Not Washing Hands?

You'd think this wouldn't be a thing. Kids learn to wash their hands from a young age. Employees can be required to wash their hands after using the restroom. And, in general, most people are pretty good about it. Despite this, doctors, who really should know best here, are infamously among the worst hand washers out there.

So if you're a patient, can you sue?

Wash Your Hands, Doctor

The Centers for Disease Control estimates that approximately 100,000 hospital patients die each year from hospital-acquired infections. That's a lot, and considering the controlled environment of hospitals, a number that should be downwardly adjusted in a big way.

A big contributor here is the infamous handwashing problem in the medical field. Washing hands is an easy way for doctors, nurses, and hospital staff to avoid spreading infection by scrubbing off bacteria.

Despite the proven benefits of washing hands and doctors' daily interaction with sick patients, it remains a source of trouble for patients. It's a common enough problem to garner attention from health authorities, hospitals, and lawyers.

Doctor Handwashing Lawsuits?

By law, doctors owe their patients a duty of care. It's similar to the legal duty a lawyer owes a client and a fiduciary owes a principal. When that duty is breached, and a patient is injured, there's a legal right permitting a patient to sue for medical malpractice.

Medical malpractice lawsuits also require a causal connection between a doctor's failure to observe her duty of care and a patient's injury. The doctor's mistake must harm the patient, as it were.

That's what the law says. What about the reality? Unlike leaving surgical sponges inside patients, attributing a patient's infection to a handwashing failure is difficult. It lacks that "aha!" moment. On the other hand, it might be possible to sue the hospital for failing to train staff or failing to maintain safe conditions.

Related Resources:

• Find a Local Medical Malpractice Lawyer (FindLaw's Lawyer Directory)
• 3 Common Types of Hospital Infections and When to Sue (FindLaw's Injured)
• Unclean Hands: How Patients Can Prevent Blatant Medical Malpractice (FindLaw's U.S. Supreme Court Center)
• Proving Fault in Medical Malpractice Cases (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2018/02/can-doctors-be-sued-for-not-washing-hands.html

Can Victims of a Mass Shooting Sue the Government?

The best answer is, it's unlikely. True, litigants sue the government every day, over alleged civil rights violations, controversial laws, run-of-the-mill personal injury claims against government agencies and employees, and more. The real question is usually less about whether you can you sue the government, and more about the likelihood of success.

Suing the Government Is an American Tradition

Overall it's fairly common to sue the government. Special needs students may challenge a school district's educational offerings. People deprived of their rights by government policies may challenge those policies in court. Even ordinary claims for money damages -- arising out of personal injury, death, or property damage -- can be litigated before an administrative agency or judge.

What's less certain is what happens in exceptional cases. Most (successful) lawsuits against the government rely on recognizable claims, alleging violations of well-accepted rights or duties, seeking relief for identifiable injuries or losses. Suing the postal service after a mail carrier crashes their mail truck into your house, for example, is pretty routine.

But lawsuits based on novel legal theories, expanded notions of rights, or for damages that are difficult to ascertain are a different matter. They're not impossible. Some of the most celebrated cases in legal history were filed on a prayer. Mass shooting lawsuits fall into that bucket.

What About Mass Shootings?

The obvious person(s) to sue is the person(s) responsible for resulting injuries. The reality is that they're often judgment proof. And it's unusual for courts to find someone else -- even governments -- legally liable for their crimes. Maintaining safe premises in schools or office buildings is one thing. Responsibility for someone else's intentional, criminal acts enters into a different realm.

Related Resources

• Find a Civil Rights Lawyer Near You (FindLaw's Lawyer Directory)
• Can A School Be Sued for a Shooting? (FindLaw's Injured)
• Injury Claims Against the Government (FindLaw's Learn About the Law)
• Kids Around the World are Suing Their Governments for Ruining the Planet (Quartz)

from Injured http://blogs.findlaw.com/injured/2018/02/can-victims-of-a-mass-shooting-sue-the-government.html

Can You Sue a 'Naturopathic Doctor'?

Mario Rodriguez was a twenty-one year old physics student in Spain. So when he was diagnosed with leukemia, he did what you might not expect him to do. He spent �4,000 on alternative medicines and shunned a bone marrow transplant and chemotherapy. He later died of an intestinal infection, and his father sued the naturopathic doctor who prescribed his treatment. Can this sort of lawsuit happen in the U.S.?

What Is Naturopathic Medicine?

Naturopathic medicine, according to the American Association of Naturopathic Physicians, "focuses on holistic, proactive prevention and comprehensive diagnoses and treatment." It's alternative medicine that emphasizes herbal supplements, boosting the natural immune systems, and other not-exactly-mainstream treatments in place of more traditional medicine.

State regulation of the naturopathic profession is limited to eighteen states, according to the American Medical Profession (they're not a fan). And scientific support for their methods can be suspect, as can be coverage from health insurance plans.

Naturopathic Doctors and Medical Doctors

As you might imagine, naturopathy is controversial in the health care field. Many Naturopathic practitioners receive four-year degrees and are licensed, but many naturopath practitioners are not. Training can differ considerably from place to place and person to person, as can their treatment plans.

That said, many people swear by naturopathic treatments. They remain a semi-popular alternative to traditional medicine.

Suing Naturopathic Doctors

Medical practitioners are responsible for providing sound care to patients. When they fall short, whether through negligence or otherwise, a medical malpractice lawsuit can result. And the same is true with naturopathic doctors.

Fraud cases might be brought against naturopathic treatment providers, and, generally, juries are less sympathetic to naturopaths than medical doctors when things go wrong.

Related Resources:

• Find a Medical Malpractice Lawyer Near You (FindLaw's Lawyer Directory)
• FTC Forces Homeopathic Drug Makers to Tell the Truth (FindLaw's Common Law)
• Creator of Bogus Celebrity Diet Faces 3 Years in Jail (FindLaw's Celebrity Justice)
• Turmeric IV Infusion Implicated in Woman's Death (FindLaw's Common Law)

from Injured http://blogs.findlaw.com/injured/2018/02/can-you-sue-a-naturopathic-doctor.html

Amtrak Liability for Train Accident Deaths

Your legal rights don't expire when you die. Wrongful death lawsuits allow surviving family members to sue train operators for these damages and to hold them accountable. So what's Amtrak's liability for train accident deaths? Well, it's clear but complicated.

Trains Are Common Carriers

Trains, planes, and automobiles are what lawyers call common carriers. A common carrier is anything that transports people or goods for a fee owes passengers a higher duty of care in ensuring their safety.

Common carrier liability is an old but sensible legal concept. A driver of a car is responsible for his accidents; anyone hauling many people should be even more careful. It's common for wrongful death lawsuits against train operators to cite common carrier liability (among other grounds) when suing.

Amtrak's Liability

It's common for train accident related deaths to rack up huge medical bills, lost income to family and dependents, funeral costs, possible property damage, and more. These costs can be prohibitive for family members and don't go away.

Amtrak, despite receiving government funds, is liable for its torts like most government entities. However, there's a catch. Congress has capped Amtrak's liability at $295 million.

That may sound like a lot, but when you're talking about over eighty people's hospital costs, lost income from missing work, continuing health needs and rehab bills, and more -- it adds up pretty fast.

Amtrak Train Accident Lawsuits

Amtrak's issues have made recent news, including a derailment in Washington State in December 2017. Two survivors of that crash have already sued for personal injuries sustained in the crash, the first of what's expected to be many similar lawsuits.

Related Resources

• Find a personal injury attorney near you (FindLaw's Lawyer Directory)
• What Laws Govern The Amtrak Crash? (FindLaw's Injured)
• Common Carrier Liability in Light of Amtrak Crash in PA (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/02/amtrak-liability-for-train-accident-deaths.html

After 11 Deaths, Guardrail Manufacturer Sued for Negligence

Two lawsuits filed in South Carolina and Tennessee last week added to a manufacturer's growing woes. Lindsay Corporation, the Omaha-based maker of the X-LITE guardrail commonly used on the side of highways, has faced growing criticism that it's guardrails are defectively designed and fail to protect drivers and passengers during car collisions, resulting in several injuries and deaths.

The X-LITE End Terminal

The X-LITE End Terminal is installed at the start and end of guardrails along highways and roads across the country. Rounding out the sharp pointy ends of a line of roadside railing, it's easy to understand how this particular component gets hit by unwary or inattentive motorists.

The lawsuits allege that the end terminal fails to slide into the rest of the guardrail during a collision, a process known as "telescoping." Telescoping can reduce the force of impact during a collision, and as importantly, prevent the guardrail's horizontal beams from penetrating the cabin of an incoming car and spearing passengers inside.

Federal and State Agency Review

Highway safety is entrusted to federal and state government agencies. Several have acted already. In April, Tennessee announced that it would remove and replace some 1,700 guardrail ends, at a cost of several million dollars to the state's budget.

The U.S. Department of Transportation previously announced a review of the X-LITE end terminal last May. The agency noted at the time the guardrail component is installed in 29 states, but that 80% of the X-LITE end terminals are installed in Tennessee, West Virginia, Massachusetts, Maryland, Texas, North Carolina, and Virginia. Other states are currently reviewing the guardrail's safety and performance.

Injury and Wrongful Death Lawsuits

Meanwhile, several victims have taken to the courtroom, alleging that Lindsay Corporation's guardrail ends are defectively designed and that the company is liable for resulting injuries and deaths. Injury and wrongful death lawsuits of this sort are common resources for people injured by defective products to recover compensation for their injuries from the product manufacturer.

Related Resources

• Find a Personal Injury Lawyer Near You (FindLaw's Lawyer Directory)
• Wrongful Death Overview (FindLaw's Learn About the Law)
• Highway Guardrail Impalement Injuries, Deaths Lead to Lawsuits (FindLaw's Injured Blog)

from Injured http://blogs.findlaw.com/injured/2018/02/after-11-deaths-guardrail-manufacturer-sued-for-negligence.html

Woman Sues Doctor for Bias in Denying Injury Claim

When you suffer an injury at work or in an accident, you're usually entitled to insurance benefits to cover the expenses related to treating your injuries. Unfortunately, collecting insurance benefits isn't as easy as simply filing an insurance claim. After filing a claim, the insurance company will usually investigate the claim to make sure you qualify for insurance. This investigation can include anything from talking to you to having a doctor provided by the insurance company to examine you.

If you think that having a medical examination by a doctor recommended by the insurance company investigating your claim seems a little biased, you're not alone. In fact, one woman has filed a lawsuit claiming that she was denied benefits because the doctor who examined her was biased in favor of the insurance company that recommended him.

Do Insurance Companies Hire Biased Doctors?

According to an article published in Argus Leader, which is part of the USA Today Network, Kristi Thompson suffered a debilitating neck injury at work, but was denied benefits because, according to her, the insurance company specifically hired a doctor that would dispute her injury claim.

More specifically, Thompson's lawsuit accuses the insurance company of bad faith, including hiring a doctor that the company knew (or at least should have known) "was biased in favor of insurance companies." Thompson's claims aren't unfounded as there has been growing scrutiny of insurance companies' use of certain doctors who routinely provide reports in favor of insurance companies. In fact, the article mentions that in 2016, the South Dakota Supreme Court ruled that a doctor's opinion alone isn't enough to deny an insurance claim.

Navigating Bias in Your Personal Injury Claim

While it's hard to know how often this occurs, there are certain steps you can take to help increase your chances of succeeding in your personal injury claim. One invaluable step is to contact a personal injury attorney, who will know the laws and procedures for personal injury claims in your state.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Torts and Personal Injuries (FindLaw's Learn About the Law)
• Supreme Court Tightens Injury Lawsuit Rules (FindLaw's Injured)
• 5 Common Questions About Which Injuries Qualify for Workers' Compensation (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/02/woman-sues-doctor-for-bias-in-denying-injury-claim.html