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I have at least 3 issues with 3 separate entities I need to…

Customer Question
I have at least...

I have at least 3 issues with 3 separate entities I need to resolve legal issues and or small claims suits with. I need to know if you can give advice for the Utah State code on whether to sue or in some cases wait for them to sue.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Like I said---it is UTAH.

Lawyer's Assistant: Has anything been filed or reported?

Nothing filed just letters from Attorney and from Collection company. Also the City Court in the town we live in who now will not reimburse our costs even though it is agreed to in our penalty document.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well, it's deeper than that. One Behavioral Company called an abulance for my wife---just to spite me, for a leg sprain we were well aware of when I dropped her off for her hour counseling session. Another doctor (ENT) we saw for consultation for a sinus speech problem, without even asking or talking about it, said "Lets take a Look", then sprayed a numbing agent in her throut while she was sitting in a waiting chair--then told her to sit in like a dentist chair, stuck a tube down her throut, could then see on camera and said there is the problem---it's you vocal chords. Then billed us $850.00 without ever even asking if we had insurance or informing us he was even doing a procedure. His diagnoses was totally wrong, we went to another ENT--he said it was her sinuses, said the insurance would pay for all of it $ 10,000- 20,000. Made appointment to have it done. Took less than an hour in his office. Billed insurance $20,000. they paid him $10,000--we paid nothing. Problem solved. Another case involved driving an hour each way 2 times to see a Tier 1 facility. Our hospital 10 miles away was a tier 2. This involved X-rays, Mammograms. We cleared it with our insurance company for tier one costs. The hospital sent the x-rays to some outfit that charged us tier 2. They still show us with a balance because of this---we did not hire them. We went to that facility for tier 1 service. The lawyer for most medical bills is planning on suing us including me. According to the Utah Code, a spouse is not liabel for spouse bills or medical except under special circumstances. I am not on the insurance, I go to the Va Hospital for my med care. I am not a Guarantor or cosigner. The collection company has reported 8 delinquencies on my credit--the only negatives I have.

Submitted: 8 months ago.Category: Legal
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Answered in 1 hour by:
8/3/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,326
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Ambulance issue. Even though One Behavioral called an ambulance for your wife, she always had the option to refuse their services when they arrived and I am afraid if she accepted their service, she is liable for their service. However, if she refused their service and she did not call them, you are not liable and you can wait for them to try to pursue you and then you would sue One Behavioral for calling them without being asked based on your wife refusing service. So it all comes down to whether or not your wife accepted service from the ambulance as to whether or not you are liable.
2) As far as the ENT if he misdiagnosed her and you have another medical expert to testify to that, you can sue them in small claims court for negligence/malpractice for their misdiagnosis if they do not agree to waive the bill and seek damages from them. As far as the procedure he performed, when you go to a doctor and sign in you give them consent to do an examination and if the camera/scope was necessary to examine her, legally he can do so. Insurance is generally a separate issue, the patient is responsible for the services at all times, insurance is between the patient and insurance companies and doctors deal with insurance as a convenience to patients, but ultimately the patient is liable for the bill. So suing for malpractice in the misdiagnosis is likely best here.
3) The problem with x-rays and anesthesia as well, is those entities operate as separate entities from the facility, so some of them take insurance some do not take insurance. For those bills, you need to send in a dispute to the credit bureaus if they are reporting them on your credit report if you did not sign as guarantor and you need to send a letter to the collection agency to remove you from the bills and tell them that if they do not do so, since you are not liable for those bills, you will sue them under the Fair Credit Reporting Act for the damages they caused you. Under the FCRA, you can seek damages for actual loss for damage to your credit (or up to $1000 per violation, so if they committed 8 violations that is $8000) plus attorney's fees, so for this case you would want to engage a local consumer protection attorney to represent you.
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 123,326
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Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

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