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Doctors on medical and attorney liens

Doctors on Liens

August 19, 2019 by Sidney

Finding a Doctor who will work on a medical or Attorneys lien

Doctors who work on a lien are basically a network of qualified professionals who have specialized in medical and legal evaluations and work towards the treatment of personal injuries and workers compensation on a lien basis.

This involves no commission, no cost to the attorney and no hidden fees. These doctors can be medical doctors, chiropractors, physical therapist, orthopedist, MRI facilities, neurologist and more. They also provide a detailed evaluation within weeks of the patient being discharged to your personal injury attorney.

The need for a Doctor’s lien?

A lot of people end up in auto accidents which result in some type of injury. However, everyone can not afford the detailed treatment plan meant to heal the car wreck victims injuries. In some cases, the at fault party may be responsible for the payment of the injured person’s medical bills, doctor fees, and other related costs but it requires a personal injury lawyer. This leaves the injured in even more distress as they cant seek the medical attention they need for their injuries.

What is a medical lien?

A medical Lien is the right for the medical provider in a personal injury case to have an interest in the recovery. It is a legal instrument that protects the Doctor when recovery is made in a personal injury case.  In other words, the Doctor will get paid when money is collected.  Hospitals may file a medical lien in a personal injury case as well.

Filing a Medical Lien in a personal injury case does not guarantee payment of medical services. Of course, this is why it can be difficult to find a doctor who will treat an auto injury case.  Many Primary Care Physicians will not treat automobile accident injuries due to the billing required.  Most Primary Care Physicians will accept Health insurance and cash, whereas Accident Doctors accept third party billing.

Third Party

Third party billing describes the payment options available for automobile accidents.  This type of billing includes auto insurance, PIP, NO Fault, Med Pay and a LOP from an attorney.  PIP or standard car insurance will generally cover up to $10,000.  If you require long term treatment, then you may need to contact an attorney to get a Letter of Protection for amounts over the PIP coverage.  Talk to your Accident Doctor about the benefits of an attorney.

Doctors lien

A doctor’s lien is required as the doctors treat the injured until the personal injury case settles to get there money. However, before the treatment, the patient along with their attorney legally commit to paying all medical dues once the settlement funds are received when a lien is involved. Since this is a legal contract, when funds are released, the personal injury attorney first pays the doctors who filed the lien and then releases leftover funds to the client.

This treatment helps the accident victim recover from a car wreck without worrying about the additional expenses or by taking loans. It has to be noted, though that the medical or attorney’s lien in no way affects the quality of care being provided to the injured.  Some patients worry about the costs associated with these doctors who work on liens, however if they have an attorney that has taken there personal injury case, they should not be too concerned.

Do I need an attorney?

A Letter of Protection or Attorney’s Lien is not the same as Medical Lien.  A Medical Lien is made directly with the Medical Physician, whereas a LOP is made with the Attorney.  Although both options provide payment options for car accident treatment, one is with the Doctor and the other with the Attorney.  A LOP will also pay for medical care when the personal injury claim is settled, but at a rate determined by the attorney.  However, a LOP provides protection for the Doctor by having the attorney involved in the collection process.

We generally recommend contacting an Accident Doctor within 72 hours of the accident.  Delayed treatment may lead to additional injuries and pain, but can also damage your personal injury claim.  The insurance company looks for any reason to deny or limit your claim, and delayed treatment is their first choice.  Your Accident Physician can help you understand the pros and cons of using an attorney, and whether your injuries require long term treatment.

Attorneys Medical Lien

This is where the attorney signs a Medical lien because he represents you. You can sign a doctor’s lien in the doctor’s office, but if you are represented by an attorney, the doctor will fax it over and have the attorney sign it. When the attorney settles your case, the doctor’s bill will be paid out of the proceeds.

It is a doctor’s responsibility to take care of the patients before their needs, and this concept of doctors on liens proves the point. It highlights how a person’s injury matters more than unpaid bills. However, before signing a contract to talk to your attorney and discuss:

  • Expected settlement amount
  • The case is lost, who will then pay the medical bills
  • The settlement is not sufficient, who will pay the remaining balance of the medical bills?
  • Final settlement cannot pay the bills, what would be done?

Reasons why many Doctors will not treat on a medical lien

No guarantee of payment

car accident treatment cost

Not all personal injury cases are won or settled, which means no payment for services. For example, this could happen If the personal injury attorney loses the case. In a lost case, there will be no payment to the doctor or medical provider who provided treatment.  Moreover, Medical Physicians have out of pocket expenses when providing treatment for car accident injuries.

It may be years before it is paid

If the personal injury attorney cannot reach an amicable agreement with the insurance company, then a lawsuit may be filed. When a lawsuit is filed, it may be months or years before a settlement is reached. Many doctors and medical providers do not want to wait years or even months to get paid on a medical lien.

Doctors may have to settle for less

When a settlement is reached, it may not meet expectations. This may mean reduced payments for all parties involved, including the Doctor. Many personal injury attorneys look for ways to cut costs and the doctor is oftentimes the first one to get cut. Many doctors will not treat on a medical lien because they want to get paid for their services immediately.  All in all, everyone wants to get paid for services rendered, just as an attorney would. Many car wreck doctors do not want to deal with auto accident patients or their attorneys.

Security for a Doctor?

In many ways, a medical lien is a security blanket for a medical provider, physician or doctor. Attorney’s will oftentimes check to see if the medical provider failed to file the medical lien properly. If a medical provider did not file the lien correctly, then the attorney may not have to honor their obligation to pay the medical lien.  Doctors who accept auto accident patients on a medical lien may need to speak the case attorney.  This is to ensure that they have the proper paperwork and file it with the correct entity. Accident Doctors will oftentimes want to ensure the security the medical lien provides.

In the end, medical providers have hard, out of pocket expenses for the treatment provided.  The accident Physician simply wants to provide the best treatment as possible, while getting paid for their services.  Many personal injury doctors are willing to treat car accident patients knowing that they will only collect 50% to 60% of the bill.  A Medical Lien provides a layer of security for the medical provider.

How can you find a doctor who will treat on a medical lien?

Finding doctors or medical providers who will treat on a medical lien is not as easy as one would think. You can always go to the emergency room for treatment, even if you cannot pay. The Emergency Room is set up to diagnose and treat your immediate medical needs after a car accident.  But finding a Doctor to provide follow up care after an injury on a lien might be difficult. If you have been injured in a car accident and need help finding a Doctor, Search our database of Accident Doctors in your area.  If we do not have a doctor listed near you, contact our main number and we will locate an Accident Physician in your area.

Can a patient be liable for a Medical Lien?

The simple answer is yes, but it’s not that easy.  If your personal injury case is denied or lost in court, then you may be financially responsible for any medical treatment provided.  Of course, most Accident Doctors are there to help and are therefore willing to work with you on the bill.  Moreover, you can oftentimes negotiate a settlement and/or payment arrangements.  Again, search our database for Doctors on Liens.

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