Can I pay a debt and then sue to get it back?

[nevadadealers]

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

Bottom line - Its it possible to pay a debt and then sue to get it back?

Details - During a hospital stay a doctor attended me on a day that my regular doctor was off duty. The doctor was not covered by my insurance and her bill to my insurance was denied. Now she is billing me for the $400. i spoke to the hospital and they told me the doctor should not have attended me without checking my files and making sure she was covered by my insurance or at least notifying me of the situation before she treated me. I tried appealing to my insurance but the allowed appeal period is only 180 days and this claim is older than that. I want to go ask the doctor to cancel the charges and would like to know what my options are when I go in to speak to her. If she refuses to cancel my bill can I pay it and then file in small claims to get it back? Or will paying it affect my legal options? If I can't pay it and sue to get it back are there other options that would be worth pursuing over a $400 debt?

Thanks!

 

[Zigner]

You're not entitled to get the $400 back...try taking the issue higher up the "food chain" at your insurance. You may need to appeal to the state.

ETA: To clarify - the doctor doesn't owe you $400, nor will he if you pay him. He's entitled to be paid. Your beef is with the insurance company.

 

[nevadadealers]

Thanks

Thanks for the quick reply.

The doctor is entitled to be paid even though the hospital told me that she was responsible to check my file to see if she was covered by my insurance before she treated me? Or at least notify me that she was not covered by my insurance before treating me?

Again, thanks

 

[Zigner]

Thanks for the quick reply.

The doctor is entitled to be paid even though the hospital told me that she was responsible to check my file to see if she was covered by my insurance before she treated me? Or at least notify me that she was not covered by my insurance before treating me?

Again, thanks

Correct - check the papers you signed.

 

[Proserpina]

Thanks for the quick reply.

The doctor is entitled to be paid even though the hospital told me that she was responsible to check my file to see if she was covered by my insurance before she treated me? Or at least notify me that she was not covered by my insurance before treating me?

Again, thanks

I'm very surprised the hospital told you it was the doctor's responsibility to do so, and not least because the logistics involved there would be mind-boggling. Every provider has to check every patient's insurance situation? To me, that's completely unreasonable and a dreadful waste of the provider's time. It should be the patient's responsibility - every time.

 

[Zigner]

I'm very surprised the hospital told you it was the doctor's responsibility to do so, and not least because the logistics involved there would be mind-boggling. Every provider has to check every patient's insurance situation? To me, that's completely unreasonable and a dreadful waste of the provider's time. It should be the patient's responsibility - every time.

I can TOTALLY sympathize with the patient in the sort of scenario presented by this OP.

 

[Proserpina]

I can TOTALLY sympathize with the patient in the sort of scenario presented by this OP.

The logistics of making every provider go through every patient's insurance information to figure out not only the carrier, but also the type of coverage, the type of care, the type of procedure are (to me) just dreadful.

One doctor covering for another doctor, and having to verify everything with every patient (let's go with 25 which seems to be the average number) how much time do they have to actually treat the patient?

Number of patients: 25
Time spent per patient/visit: 15 minutes

Doing the math made my brain hurt. But see where I'm coming from? That's without taking the time to check the insurance stuff.

 

[Zigner]

The logistics of making every provider go through every patient's insurance information to figure out not only the carrier, but also the type of coverage, the type of care, the type of procedure are (to me) just dreadful.

One doctor covering for another doctor, and having to verify everything with every patient (let's go with 25 which seems to be the average number) how much time do they have to actually treat the patient?

Number of patients: 25
Time spent per patient/visit: 15 minutes

Doing the math made my brain hurt. But see where I'm coming from? That's without taking the time to check the insurance stuff.

Oh, I get that...sucks either way

 

[Proserpina]

Oh, I get that...sucks either way

It really does.

(carefully avoiding a rant on the exorbitant cost of healthcare ... )