If I pay a therapist, does it preclude me from suing for malpractice?

Asked almost 2 years ago - Mountain View, CA

I owe a therapist some money, who I believe committed malpractice. The billing office is attempting to collect. I don't want it to go on my credit report that I did not pay a bill, so I am considering paying. If I do so, am I legally condoning malpractice, and therefore precluded from suing? The damages incurred go far beyond the amount owed on the bill. Thank you

Attorney answers (4)

  1. Kenneth Lee LaBore


    Contributor Level 15


    Lawyers agree

    Answered . The fact you pay the bill would not preclude a malpractice suit and should be inadmissible, in the event it is allowed by the court, you can avert inferences by putting "paid in protest" in the ledger of the check. You may want to consult a medical malpractice attorney first they may be able to get the bill stayed, reduced or waived. You can find a qualified attorney on AVVO.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . You can still pursue a malpractice claim even if you don't pay your bill. Have a local malpractice lawyer order your medical records to review.

  3. Kevin Coluccio

    Contributor Level 20


    Lawyers agree

    Answered . I would suggest you consult with a local Mountain View attorney before doing anything. Contact one as soon as possible.

  4. Josh P Tolin

    Contributor Level 19


    Lawyer agrees

    Answered . If you believe your therapist committed malpractice, why wait until they sue you over a bill. Be proactive. If you think you have a case, go to a local attorney who handles malpractice cases, and get his/her opinion. They will work on a contingency fee.

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