Doctor Reneged After Initial Verbal Agreement

[BCM092755]

What is the name of your state (only U.S. law)? INDIANA

My ophthalmologist reneged on a verbal agreement to refund $3,200 that I paid above what my medical insurance paid for double cataract surgery.

After authorizing his billing department to issue the refund, and the billing department rep asked for and received my debit card information and told me the refund would hit my debit card in one or two days; his office manager called me 7 days later and said I'd have to sign a CONFIDENTIAL SETTLEMENT AND RELEASE AGREEMENT before they would issue the refund.

The agreement seems to say (under the sub-heading CONFIDENTIAL AND DISPARAGEMENT), among other things, that I cannot communicate the existence of the written Agreement or any of its terms.

Does this mean that I cannot complain to his licensing board (or whatever entity received complaints) if I sign the document?

I say he "reneged" because he said nothing about me having to sign any type release in order to get the refund. He had an assistant taking notes in the room during our meeting, in case that's relevant.

(I have a copy of the one-page agreement that I'll send if that would help.)

Thank you very much!

Bill

 

[ecmst12]

If you want the money, you sign the release. I don't think they can legally prevent you from filing a complaint with the board but it would prevent you from talking to the press or other potential patients.

 

[BCM092755]

Who should I contact?

If you want the money, you sign the release. I don't think they can legally prevent you from filing a complaint with the board but it would prevent you from talking to the press or other potential patients.

How can I find out if the agreement & release CAN legally keep me from complaining to the appropriate board or agency?

Thanks again.

 

[Silverplum]

The OP's other thread, from Kentucky instead of Indiana: https://forum.freeadvice.com/brokers-investments-20/wife-full-poa-withdrew-90-husbands-ira-612864.html

 

[justalayman]

If the $3200 was improperly received (such as where the insurer and provider have a contractual agreement establishing prices, etc), you don't have to sign anything to obtain a refund. If they had a right to receive the additional money, they can require you to do anything they wish so they will refund the money.

 

[BCM092755]

Can a doctor prevent me from filing a complaint with his state licensing board?

If the $3200 was improperly received (such as where the insurer and provider have a contractual agreement establishing prices, etc), you don't have to sign anything to obtain a refund. If they had a right to receive the additional money, they can require you to do anything they wish so they will refund the money.

It wasn't improperly received. It was a premium above what insurance paid. The premium was for a procedure that was supposed to allow me to wear ONLY reading glasses after surgery; and wear no glasses the rest of the time. As it turned out, I still have to wear glasses 24/7/365.

I thought that his offer, which didn't include' me signing anything, would be "a card laid is a card played." I explained this in more detail in my original post.

More importantly, I still find it hard to believe that any agreement could legally prevent me from registering a complaint with his licensing board. Do you really believe that's possible?

Thanks for replying!

 

[justalayman]

Of course it can't keep you from reporting anything to anybody. Just the same breaching a confidentiality agreement allows him to sue you for that breach.

 

[BCM092755]

That seems to give doctors a way to hide their bad behavior...

Of course it can't keep you from reporting anything to anybody. Just the same breaching a confidentiality agreement allows him to sue you for that breach.

I'm not sure if I understand exactly what you mean. Please don't think that I think you were being a smartass; it's just that I was a bit confused by your stating the obvious in your opening sentence.

Of course, he cannot sit on my hands and prevent me from typing a complaint--if that's what you mean. But are you saying that you CAN imagine a doctor sueing someone for filing a complaint?

I wonder what licensing board would put up with a doctor who would stipulate that in a release. That seems to give doctors a way to hide their bad behavior from a board that is supposed to exist in part to keep bad behavior from happening.

Thanks.

 

[I'mTheFather]

Does the agreement say that you cannot speak of your experience, or that you cannot disclose the content of the agreement? Did the doctor acknowledge fault in the agreement?

 

[BCM092755]

Indiana versus Kentucky

The OP's other thread, from Kentucky instead of Indiana: https://forum.freeadvice.com/brokers-investments-20/wife-full-poa-withdrew-90-husbands-ira-612864.html[/

The advisor works in Indiana but the investor lives in Louisville, Kentucky. Don't read anything into the fact that I put Indiana in one post and Kentucky in another. We Southern Indiana people sometimes identify more with Louisville than with Indiana.

 

[BCM092755]

Does"any entity"include the licensing board?

Does the agreement say that you cannot speak of your experience, or that you cannot disclose the content of the agreement? Did the doctor acknowledge fault in the agreement?

I cannot even tell anyone "or any entity" that the agreement exists. I will post the section word for word tomorrow morning. When I read it, it sounded bizarre to me. However, this is the only agreement of this type I've ever seen.

It is the "or any entity" part that made me question whether "any entity" includes the doctor's licensing board. Too answer your last question, no, he didn't admit any fault.

Okay, I'm editing this post 3/16/Monday; pasting the section mentioned above.

CONFIDENTIAL AND NONDISPARGEMENT.
(a) Mr. _______ warrants that he will not in any manner disclose,
communicate, disseminate, comment upon, publicize in any way, or cause or permit any person,
family member (including a spouse) or agent to disclose, communicate, disseminate or publicize
in any way, the existence of this written Agreement or any of the terms of this Agreement, to any
person or entity of any kind. Notwithstanding this Section 6, nothing in this Agreement shall
prohibit Mr. _______from disclosing the terms of this Confidential Settlement and Release
Agreement to his attorneys and accountants in the performance of their respective duties to Mr.
_______.

The thing is, I have only TWO complaints; and both are about his behavior.

First, the anesthetic did NOT work during BOTH of the surgeries and he acted like it was no big deal. He said that I wouldn't feel a thing when he did the second eye because he was going to give me an IV. The second surgery was as painful as the first. However, I do NOT want to sue him at all. That is water under the bridge. I just want the licensing board know that he seemed to not give a **** and was arrogantly unapologetic. In fact, he said, after he realized how much pain I was in, "Well, that only happens when I use this one machine."

Secondly, I want the board to know about his behavior when I asked for the refund. This doctor seems to be a megalomaniac. He made me sit through a 15 minute speech which was EXTREMELY condescending to me. He walked back and forth like Hitler and told me that he actually lost money (yeah, right) on cataract surgeries and that the reason he was in business was only to "HELP PEOPLE". He was super duper paranoid when I wouldn't tell his office staff why I wanted to meet with him. He told me, during his Hitler rant, that he thought about hiring security for our meeting and insulted me because I wouldn't tell his staff why I wanted to meet with him. The guy is the most arrogant condescending human I've ever met. Also, he reneged on the original verbal agreement, as I explained in my original post.

Bottom line: His behavior was condescending, arrogant, an obviously unprofessional. In other words, I'm just pissed off at Dr. Hitler. So, it's not the end of the world; he's just a frigging nut. I am over six feet tall, not small at all, and don't remember the last time I felt intimidated by anyone. However, at the meeting I felt very intimidated.

My wife says to take the money and forget about how he treated me.

Anyway, what do you think about the section of the agreement that I pasted above? I won't waste anymore effort in this forum on this matter but I sure would appreciate a comment about the wording of the paragraph.

Thanks!

 

[justalayman]

Of course, he cannot sit on my hands and prevent me from typing a complaint--if that's what you mean. But are you saying that you CAN imagine a doctor sueing someone for filing a complaint?

if you have signed a non-disclosure agreement to recieve the compensation that isn't actually owed, yes, he could sue you for breaching that agreement. He not only could seek repayment of what you received within the agreement but any additional damages, if any, as well.

I wonder what licensing board would put up with a doctor who would stipulate that in a release. That seems to give doctors a way to hide their bad behavior from a board that is supposed to exist in part to keep bad behavior from happening.

then refuse the money, file your complaint, and if you think you are owed anything, sue the guy.

 

[stealth2]

My wife says to take the money and forget about how he treated me.

Seems you are married to a wise woman.

And - why would you have a second surgery performed by him if you were unsatisfied w/the first?

 

[eerelations]

Please don't think that I think you were being a smartass; it's just that I was a bit confused by your stating the obvious in your opening sentence.

You're being the smartass here.

 

[BCM092755]

No, I wasn't trying to...

You're being the smartass here.

No, I wasn't trying to be a smartass. Seriously. My tone was lost in my words and my words I guess were not thoughtfully chosen. I have no intent on playing insult ping pong with anybody, like I've noticed a few regular posters do--and I definitely don't have a need to be right. Sorry you took it that way.