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ScottyMacEsq, Attorney
Category: Personal Injury Law
Positive Feedback: 94.7 %
Satisfied Customers: 8409
Experience: Licensed Texas General Practice Attorney
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In March, I fell at the Broward Hospital, I was taken to the

Resolved Question:

In March, I fell at the Broward Hospital, I was taken to the emergency room and waited over 2 hours for care. They did take my sugar, as I am a Diabetic and checked my blood pressure. I did not want to stay, but they said I should. A Doctor came in , asked where I hurt,and wanted to know if I was really 80 years old.

I signed some papers and left the hospital. They say the fall was not their fault and asked me to pay a Doctor bill of $288.88 and a hospital bill of $556.80. I have refused and asked them for the papers I had signed, No response but more bills.
Never did they ask me if I was insured. I am a member of Humana.

What can I do to get rid of this problem.
Shelley Stewart XXX@XXXXXX.XXX

Submitted: 12 months ago.
Category: Personal Injury Law
Expert:  ScottyMacEsq replied 12 months ago.


ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Have you reported these bills to Humana?

ScottyMacEsq :

I ask that you not rate my answer until I actually answer you. I am waiting for your response to my follow up question (or questions as the case may be) and I will answer your question more fully then.

Customer :

Yes, but they did not give me any answers as to what to do. So, they are not interested at this point.

ScottyMacEsq :

They are denying the claims?

Customer :

NO, I did not give the hospital my card, and called humana for advise, the said the could not advise me at the time. They were no help.

ScottyMacEsq :

You need to actually file a claim first with Humana if you have insurance. If there's an issue with the amount or legitimacy of the bill, your insurance company can assist, but only if there is an actual claim filed. So ask them how to file an insurance claim.It's not necessary that you gave the hospital your card when you had the treatment, as often people don't have their cards on them when they have emergencies. Health insurance companies have procedures to file claims after the fact, and you should certainly do that here.

ScottyMacEsq :

Now as to the issue if the hospital is at fault for this fall, that's another matter. If you did not have any witnesses or other evidence to show that the ground was mopped or there was a recent spill, etc.. then any personal injury case would be difficult. But if you have a witness or other evidence that would lead to the conclusion that they were at fault, you may potentially have a case.

Customer :

So I should call Humana and tell them to file a claim, do I send them the bills?

Customer :

Do I have to pay the copays?

ScottyMacEsq :

Yes. You file the claim with Humana, send them the bills, and they will either pay them, deny them, or contest them. If they deny them, you should seek a lawyer to file a bad faith insurance action against them. If it comes to that, contact an attorney in your area that deals with insurance bad faith cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

Yes, unless you could get the hospital to admit culpability on their part. Again, without evidence as to this matter, the fact that you fell is not going to be enough. Premises liability requires negligence on their part, and you're going to have the burden of proof of proving that negligence.

ScottyMacEsq :

If there was a puddle or a recently waxed floor, etc... you can still testify as to this matter. But if they can establish that they had no notice of the condition (that they didn't wax it and no one complained, etc...) then it would be difficult to win a case against them for that matte. r

ScottyMacEsq :

*matter

Customer :

The will not send me any papers, They preformed no service for this money....There was nothing on the floor, they say... I just went flying and landed on my stomach

ScottyMacEsq :

I understand that they love to overcharge for services, etc... and that's where you contest the legitimacy after filing a formal claim with your insurance company. Have them actually look at what was done (after your filing the claim) and they might be able to get them to drop it completely or lower the amount asked for.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!

Customer :

I will try your answers, Thanks

ScottyMacEsq :

My pleasure. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!

ScottyMacEsq, Attorney
Positive Feedback: 94.7 %
Satisfied Customers: 8409
Experience: Licensed Texas General Practice Attorney
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