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Asked over 1 year ago - Lake Wales, FL
FlagMy Brother lives in Florida, His lawyer had him sign Medical liens to providers but his insurance his insurance already paid the claims, This seems unfair that they get paid twice.
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Many doctors require that the liens be executed in order to assure their ultimate payment and it helps gain their cooperation with the attorney and the patient in pursuing their liability claim. However, a medical provider is not entitled to be paid twice. For example, if the Dr. is a member of an HM0 or has a contractual relationship with a large insurer such as Blue Cross Blue Shield, the Dr. is limited to the amount of the agreed payment between him and the insurance carrier or HMO.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Liens, liens, liens . . . the refrain we lawyers here day in and day out. Lawyers are toll collectors, generally for free, for government, hospitals, etc.
Yes, it is common practice for liens to be signed, with or without insurance. Contact the attorney and ask him/her to explain in this particular case.
Hope this helps.