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

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

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Attorney answers 4


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


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.

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Kevin Coluccio

Kevin Coluccio


I agree with Mr. LaBore in that payment will likely not preclude a malpractice claim, I would just talk with a lawyer first to make sure that you are proceeding in the right manner.


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.


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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