Ask a Lawyer - Archive



   
Why Do I Need A Written Contract?
Thomas Pedreira

Q. 

I have a question regarding medical billing/coding. I was doing private medical billing for a psychiatrist and she is now threatening me to take legal action for any medical claims that were not paid by the insurance companies. We had no written agreements and anything we exchanged we either did over the phone or when we would meet. Can she take action against me for this?

-- Brenda

A. 

Without a written contract, it is hard to say just what your responsibilities were with respect to billing for the doctor. As you know, billing and coding in the medical arena require specialized knowledge. The amounts at stake can also be huge. If you represented yourself to the doctor as being experienced in this area, she may be able to state a claim again you for loses she suffered if you did not properly or timely submit billings on her behalf. On the other hand, her claim may depend on the extent to which she could reasonably rely on any representations you may have made. Among the benefits that a written contract may have had would be that you could have defined more precisely what your duties and obligations were, and thereby try to limit your potential liability for unpaid claims. If you think you are going to get sued, you should go see a lawyer on this immediately.

-- Thomas Pedreira






Terms & Conditions   Privacy   Copyright © 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.