Question for the attorneys...Eddie, Sun

saint

saint

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Lawyers in the house, had a question for you.

Have a patient who suffered trauma and the parents are now suing the school. I'm a little hazy on the specifics because my front desk took the call...but from what they said mom called requesting a letter summarizing my findings, etc for the case.

My questions:

1. Shouldn't the lawyer send the request directly to me instead of through the parent? I'd be much more comfortable if the correspondence went right from me to the attorney.

2. Is it acceptable and standard to bill the requesting attorney for my time to review the record and draft a letter? If so what is the standard range for something like that? It's not really a money thing but we all know that when my attorney picks up that phone the bill commences.

Thanks fellas
 
R

Ravenous

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1. Shouldn't the lawyer send the request directly to me instead of through the parent? I'd be much more comfortable if the correspondence went right from me to the attorney.

Yes. This sounds like the parents wish they had a lawyer, or are planning to get a lawyer, but don't really have one. In most states claims like the one you describe are limited by the Torts Claim Act and by what we call qualified immunity. It is a rare case where there is liability against a school for an injury caused to a student, unless the injury was deliberate. Even then, the value of the case has more to do with protecting reputation than with the fear of what a court would award.


2. Is it acceptable and standard to bill the requesting attorney for my time to review the record and draft a letter? If so what is the standard range for something like that? It's not really a money thing but we all know that when my attorney picks up that phone the bill commences.

Lawyers are typically viewed as hundred dollar bill dispensers, so why not? But seriously, unless the lawyer asks you to write a report, you really can't bill him for one. Tell the parents that they can have a copy of your notes, and charge them a buck a page or whatever you usually charge for records.

By the way, I mostly practice bankruptcy.
 
J

justin22g

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saint said:
Lawyers in the house, had a question for you.

Have a patient who suffered trauma and the parents are now suing the school. I'm a little hazy on the specifics because my front desk took the call...but from what they said mom called requesting a letter summarizing my findings, etc for the case.

My questions:

1. Shouldn't the lawyer send the request directly to me instead of through the parent? I'd be much more comfortable if the correspondence went right from me to the attorney.

2. Is it acceptable and standard to bill the requesting attorney for my time to review the record and draft a letter? If so what is the standard range for something like that? It's not really a money thing but we all know that when my attorney picks up that phone the bill commences.

Thanks fellas
Click to expand...

I intern at a firm now... and from my little experience, I would think the parent's attorney would subpoena you for your findings and dox.

I'm sure you probably know this question, but don't you have to give med. info if a patient requests it?


for question 2... i have no idea. but if you have a subpoena slapped on you there is nothing you can do about it...

I hope i didn't make you dumber:shrug:

I'm not 100% sure so.
 
J

justin22g

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Ravenous said:
1. Shouldn't the lawyer send the request directly to me instead of through the parent? I'd be much more comfortable if the correspondence went right from me to the attorney.

Yes. This sounds like the parents wish they had a lawyer, or are planning to get a lawyer, but don't really have one. In most states claims like the one you describe are limited by the Torts Claim Act and by what we call qualified immunity. It is a rare case where there is liability against a school for an injury caused to a student, unless the injury was deliberate. Even then, the value of the case has more to do with protecting reputation than with the fear of what a court would award.


2. Is it acceptable and standard to bill the requesting attorney for my time to review the record and draft a letter? If so what is the standard range for something like that? It's not really a money thing but we all know that when my attorney picks up that phone the bill commences.

Lawyers are typically viewed as hundred dollar bill dispensers, so why not? But seriously, unless the lawyer asks you to write a report, you really can't bill him for one. Tell the parents that they can have a copy of your notes, and charge them a buck a page or whatever you usually charge for records.

By the way, I mostly practice bankruptcy.
Click to expand...

I believe thats what I was trying to say...

I will be starting law school in january so i might be able to help in 3 or 4 years :mj07: :mj07:
 
Phenom

Phenom

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saint said:
Lawyers in the house, had a question for you.

Have a patient who suffered trauma and the parents are now suing the school. I'm a little hazy on the specifics because my front desk took the call...but from what they said mom called requesting a letter summarizing my findings, etc for the case.

My questions:

1. Shouldn't the lawyer send the request directly to me instead of through the parent? I'd be much more comfortable if the correspondence went right from me to the attorney.

2. Is it acceptable and standard to bill the requesting attorney for my time to review the record and draft a letter? If so what is the standard range for something like that? It's not really a money thing but we all know that when my attorney picks up that phone the bill commences.

Thanks fellas
Click to expand...

I agree mostly with what others have said, I would also depose you to get it on record and have you as a witness if it comes to trial, subpoena your records first because your findings would be in the records. However the patient is entitled to their records if they request them (standard copying fees to apply).
 
E

Eddie Haskell

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your just the treating doc (physician) (not the expert for either side). send they attorney a narrative medical report (or your office notes) and charge him a fair hourly rate if you have to compose a letter. Fees around here are about $250.00 for a narrative medical report.

Now, where do I send my bill to you.

Eddie

PS: If the kid is a minor, parent should sign a HIPPA compliant authorization as the "parent and legal guardian" of little Johhny before you release any reports or medical documentation.
 
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dawgball

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My mother's name was Sue Moore when my parents were married and there just so happened to be an attorney in town by the name of Sue (actually Suzie) Moore. We received middle of the night phone calls many o' times looking for the other one.
 
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jhawksoon

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Eddie Haskell said:
PS: If the kid is a minor, parent should sign a HIPPA compliant authorization as the "parent and legal guardian" of little Johhny before you release any reports or medical documentation.
Click to expand...

I believe it's HIPAA
Health Information Portability and Accountability Act

If I remember right...... I had to learn all about this for the dental office I worked at.
 
B

BADTODABONE

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saint said:
Lawyers in the house, had a question for you.

Have a patient who suffered trauma and the parents are now suing the school. I'm a little hazy on the specifics because my front desk took the call...but from what they said mom called requesting a letter summarizing my findings, etc for the case.

My questions:

1. Shouldn't the lawyer send the request directly to me instead of through the parent? I'd be much more comfortable if the correspondence went right from me to the attorney.

2. Is it acceptable and standard to bill the requesting attorney for my time to review the record and draft a letter? If so what is the standard range for something like that? It's not really a money thing but we all know that when my attorney picks up that phone the bill commences.

Thanks fellas
Click to expand...

you've got to be sheetin' me...:mj07: If you think you fugged up or not....'Have your people call my people, request by writing our office @...', you receive something from their attorney, then let your attorney handle it....

I am not legal counsel in The United States of America
 
S

Sun Tzu

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Back when I did med mal I would always have the family ask for the records. they are entitled and can get them quicker...and with less hassle ..than a subpoena.

I dont think you can or should bill for that. Would be terrible if there was a suit---you charged a family to give you a report of the treatment you gave which you are supposed to document to begin with? I wouldnt even charge for the copies even if you can. Assume youa re getting sued...you want to look like the good guy with nothing to hide who was as cooperative as possible.

Everyone is right on the HIPPA stuff...but these days there has probably already been one signed by the parent. If not, get the parent to sign and give them the report.
 
saint

saint

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BADTODABONE said:
you've got to be sheetin' me...:mj07: If you think you fugged up or not....'Have your people call my people, request by writing our office @...', you receive something from their attorney, then let your attorney handle it....

I am not legal counsel in The United States of America
Click to expand...

Re-read my post. I didn't do anything wrong. The kid fell at school (parents are claiming he was pushed down by a counselor). Busted teeth. Cost $ to fix. They are suing the school.
 
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