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Maverick, Attorney
Category: Legal
Satisfied Customers: 5751
Experience:  20 years experience as a civil trial and appellate lawyer
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~ 2 years ago, I had blood drawn lab tests, my

Customer Question

2 years ago, I had blood drawn for a lab tests, my Dr said that a couple test were expensive but not too worry the lab was "collecting data" & I probably wouldn't even get a bill, & if I did I should just "toss" it... (I did not receive a bill)... Yesterday I got a collection notice from a collection firm in California for over $4700! Very vague details in the missive, it took me a while to even figure out what it was from until I figured out that that the HDL, Inc stood for Health Labs... this company is now out of business! I have a call in to my Dr & I have expressed my concern that I am just now receiving this information & I feel like I have been duped into believing that "all is well" when it seems that I am going to be paying for something that I would have refused had I been properly informed. what to do & where to go now? thank you for your help & time. Becky
Submitted: 5 months ago.
Category: Legal
Expert:  Maverick replied 5 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Customer: replied 5 months ago.
Expert:  Maverick replied 5 months ago.
Becky: You way out of this is to keep the pressure on the doctor and send him copies of all the notices and ask him to take care of this matter. You need to let the collection agency know what happened and dispute that you owe the money in writing and ask them to collect it from the Dr. At the end of the day, if the collection agency sues you, you will have to join the Dr. in the suit and sue him for negligent misrepresentation. more to come...
Customer: replied 5 months ago.
thank you for the information...
Expert:  Maverick replied 5 months ago.
To determine whether a plaintiff can recover for negligent misrepresentation, Washington courts apply the Restatement of Torts standard. Under this rule: (1) One who, in the course of his business, profession, or employment, or in any other transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information. So, let them both know about this claim and where this is all going if they do not get it resolved. Also let them know if it damages your credit, that will be an even bigger lawsuit. Paper them to death with notices by mail, certified mail, fax, email etc. so that if they don't get this worked out soon, you can sue them for intentional conduct.

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