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Law educator only Thank you for taking time to review my…

law educator onlyGood DayThank you...
law educator onlyGood DayThank you for taking time to review my queries and provide a response for educational purposes only.Regarding an issue with a treating physician and their refusal as a general practitioner to provide me with the referral to a specialist I required--requiring me to come to the office with the promise of filling out the referral forms--but always finding an excuse not to do so. This required me to make excessive payments to the physician without getting anything in exchange.
When asked numerous times, the physician could not explain why they required I be in the office to fill out the referral form. There were other excuses which prompted me to get the forms fill them out myself and send them to the physician to sign and submit. I also phoned my insurance company who stated if they needed help the office could call. They still refused.After following your advise and stating that the delay was denying me the right to treatment I required and that given the doctor was not a specialist and could not provide the care I required, nor could they supply a reason as to why they were insisting I come to the office and that this was a issue to bring before the medical board. The office relented and got my referral in just one phone call.Therefore they were aware that I didn't need to be there. This caused me problems in my legal case and in addition because they took a month to provide what could have been done in a phone call, the delay means the surgical intervention I require will need to be done in the coming calendar year--meaning another deductible (which is very high under my policy)
Had the doctor done what they were supposed to do, barring any complications, I would have been able to get both surgical procedures done in the same calendar year under the one deductible I have already met.Question:
I know I can sue them. However, my upcoming surgery and recuperation period, I will not be able to go to court. I do not know if they will let me participate by phone in a local federal court.So I wanted to know if it would be considered as extortion if I contact the doctor and present that in lieu of legal intervention, they settle with me for their obvious failure to allow me to proceed with my treatment by providing the needed referral and providing no reason as to why it was not done in a timely manner or why they required me to come into the office and pay for nothing.The money requested would be used to pay my deductible for the coming year and recoup expenses they charged me for no services rendered. I know I would have to go to court to probably get more, just wondering what possibilities are as I have just had to pay enough to buy a nice SUV for my deductible and will have to pay the same or a bit more for the second surgery in the coming year.I appreciate you taking the time to reply
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Answered in 4 hours by:
11/21/2017
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 121,859
Experience: Attorney with over 24 years of law and traffic 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.

It is not extortion for you to make a legal demand on the doctor and insist that they pay you for the harm their negligence in getting you to the specialist you required caused you to suffer. You can do this in writing to the doctor and explain it is your notice of intent to sue for malpractice and you are giving them a one time offer to settle and give them 30 days to consider the offer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
Good Day
Thank you for your reply.As reference would I put: RE: Notice of Intent to sue? or how would that be worded.

Thank you for your reply.

Yes, you can put as reference "Notice of Intent to Sue for Malpractice" and then you would explain the conduct you are claiming they engaged in that was below the reasonable standard of care and how many times you begged them to complete the paperwork and that they kept bringing you back in for no medical reason to simply be able to bill your insurance.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 121,859
Experience: Attorney with over 24 years of law and traffic law
Verified
Law Educator, Esq. and 87 other Traffic Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you for this information. I shall do as you suggested. The bad part is I hadn't met my deductible, so I was paying close to $200 for each visit for no reason. Coupled with my other out of pocket costs and premiums it adds up. Not to mention not being able to work for almost 5 years and the 4 years spent fighting to get my ss disability which I just got. It's been one fight after another. Now this doctor who has obviously done wrong

Thank you for your reply.

Yes, if they did nothing for you at each visit and they were aware they could not treat you they should have referred you as you kept demanding.

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