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rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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Hello, My son involuntarily went into a mental hospital

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Hello,

My son involuntarily went into a mental hospital back in June or July 2010 for depression. Was discharged and found not to have any mental illness. Anyway, received a hospital and psych dr. bill for $9500 for a few days there-- included weekend where they mostly sat around. Didn't attend to this bill properly so it was sent to a collection agency and paid $2000 on it last year. Anyway, since the bill is now 2 yrs. old does that mean the collection agency can get a judgement against my son and go in and clean out his checking account. Will he have any warning before they do this because if they take all the money in his checking account he will go into a real depression-- seriously.
Submitted: 2 years ago.
Category: Business Law
Expert:  rvlaw replied 2 years ago.

Hi and welcome to JA

I'm sorry about your son's situation. First of all who committed him? It sound like you may have a medical malpractice claim against someone.

Second. I hate to say this, but I would not have paid the $2,000 so fast. I would have looked into the medical malpractice issue first. But what's past is past. Do it now.

I believe you have a case against based upon one or more legal theories against one or more of the doctor or hospital and/or others

Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
• Misdiagnosis of, or failure to diagnose , a disease or medical condition;
• Failure to provide appropriate treatment for a medical condition;
• Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

You must contact a lawyer who specializes in medical malpractice cases. He or she will have a medical legal expert review all the records with a view toward offering an opinion/report and trial testimony that the doctor's acts were negligent in that they did not conform to the standards of the applicable specialty in your area.
You have to consult with an attorney in your state. This is not because I am a NY attorney, but as you can see from the language on the site here, it says that no attorney-client privilege exists and that you should contact a lawyer in your state for representation. In other words, even if I were a lawyer in your state , the same rule would apply.

To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.

The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.

The lawyer will evaluate:

1. Cost of past care.
2. Cost of and need for future care.
3. Permanency of the injury, if any, AS ESTABLISHED IN A WRITTEN REPORT FROM A MEDICAL SPECIALIST.
4. Reduction in life expectancy.
5. Reduction in work life expectancy.
6 The age and kind of work the injured person does.
7. Past and future work disability and lost wages.
8. Past and future pain and suffering


The usual fee for the lawyer is 33 1/3 % of the amount recovered by settlement or
verdict after trial.

Options from there:

1. A lawyer takes the case and writes to the collection agency stating there will be no payment because he is bringing the suit; or

2. IF no lawyer will take the case, YOU write the letter and tell them you won't pay because you've spoken to a lawyer and was told that he shouldn't have been admitted and that you naively paid the $2,000.

or

if all else fails.......after a while....don't rush into this plan..........suggest a reduction in the balance and a pay out over time.

If the above doesn't work, your son will be sued and if they get a judgment they will be able to collect the judgment from his bank account, other assets and/or garnish his wages.


Please press 3 or 4 or 5 below so that I may get credit for assisting you.
have intended. Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not If you want further information or clarification, just ask before you give a rating


I ask you to be fair in your rating. For instance, in these actual examples , the expert should not have received a negative rating:
a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know.
b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T".
c. The answer is short, but ACCURATE. A customer simply wants a longer answer.

Thank you for reading this and for your consideration. I'm always ready to help further.

rich



rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
rvlaw and 3 other Business Law Specialists are ready to help you

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rvlaw
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NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator