Can my attorney release funds to me for a medical bill that he is holding in his escrow account so that I can pay them myself.

Asked over 1 year ago - Upper Marlboro, MD

My attorney negotiated my medical bills but for one of the bills he said that he was going to leave that amount in his escrow account while he try and get the Hospital to come down more. My only concern is that it's been since Jan. 31st of this year and he is still telling me the same thing.

Attorney answers (3)

  1. Brandy Ann Peeples

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . It's not your money yet. Most likely the hospital has a lien against any recovery for the full amount that the hospital is claiming, which is why the full amount needs to be held in escrow. The hospital cannot continue to try to collect from you if the funds are already in escrow. If the attorney releases the funds to you and the medical bills aren't paid, then you will have a much bigger problem.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  2. R. Russell O'Rourke

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . Your attorney may not be able to give the money to you as they may have aleady signed a "protection letter", promising to collect the money on your/their behalf and agreeing NOT to give you their share of the money, so that they are assured that they will be paid and that they don't have to sue you to be sure that they don't lose their rights to collect the subrogated amount.

    Having said that, it is YOUR money and YOU should be in control. If he is trying to get the hospital to take less and you don't want him to do that, you just want him to pay the hospital, that is YOUR decision. That seems like an unusually long time, so I might be concerned, too.

    Consider sending your attorney a letter telling him to stop the negotiation and just pay the hospital. It is possible that he is trying to negotiation lower because there isn't enough money, but you didn't have that in your question, so I assume not.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law... more
  3. Craig Meyers

    Contributor Level 12

    Answered . If you signed an Authorization and Assignment to a medical provider, then the attorney is legally obligated to pay it from your settlement or judgment. Your attorney is doing exactly what he should do; he is trying to reduce the bill so that you will get more money in your pocket. This process can take a long time, he is not outside the scope of reasonable.

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