If you are injured because of another person’s negligence but do not have the money to pay your medical bills, you might consider signing something with the doctor that promises you will pay them later out of the proceeds of your personal injury claim. After all, you need care now, and your claim may take some time to settle. However, signing these “letters of protection” might protect doctors instead of you. You could be left in debt, even if the claim is resolved in your favor. Before signing anything, read on to learn about the possible consequences.
One Tragic Story
After sustaining serious injuries in a car crash, Jean Louis-Charles needed spine surgery. However, he could not afford surgery, so he signed so-called “letters of protection” in which he agreed to pay the bill with proceeds he hoped he would obtain from a personal injury claim against the at-fault driver.
On his way home from the procedure, Louis-Charles showed signs of having trouble breathing and being in pain. He collapsed immediately once he got home. He was rushed to a nearby hospital, but he was shortly pronounced dead. The autopsy report said his death was due to “post-surgical bleeding with airway compression.” His widow was left with over $100,000 in medical debt stemming from the very surgery that may have cost him his life.
How Letters of Protection Are Signed
In letters of protection, personal injury victims promise to cover the costs of their medical care from the proceeds they receive via a personal injury claim. Medical providers give patients the treatment they need now in hopes that they are paid for their services later. However, in some cases, hospitals, medical groups, and doctors get the victims to commit to paying costs that exceed the costs of their personal injury award or what most doctors in the area would charge.
A Kaiser Health News investigation found that letters of protection can leave victims in medical debt and at risk of inadequate medical treatment and unfair billing practices. In Louis-Charles’ case, the surgery center billed nearly $100,000 for the operation. Two other companies charged more than $35,000 for surgical supplies and anesthesia. The agreement said that Louis-Charles’ charges were in line with what was ordinary and customary in the area, but this claim is under investigation.
Other personal injury accident victims have alleged that they have been persuaded to sign such letters of protection and then undergo unnecessary and dangerous procedures. They feel they are only being advised to undergo surgeries and other medical procedures so their doctors can profit.
Ethical Questions
The use of letters of protection is a controversial issue. Some opponents believe that these letters exist solely to drive up the costs of care. Individuals who are uninsured or do not have the money for care may use letters of protection to receive care now, but they may be saddled with interest that begins immediately and may accumulate for years until the case is settled. Additionally, some personal injury victims report that they have never been sent bills while receiving treatment after signing a letter of protection, so they had no idea how much debt they were accruing.
Doctors having a financial stake in the outcome of litigation can also raise ethical concerns about their credibility if they testify at trial. Some doctors sell medical liens to other creditors. Opponents are concerned that there is no oversight once victims sign letters of protection.
Get Legal Help
The ongoing issues surrounding letters of protection are only one reason why it is important to have competent legal assistance if you are ever injured in a car accident or other personal injury incident. At Craig, Kelley & Faultless LLC, our personal injury lawyers have strong reputations for advocating for clients, as evidenced through our peer-review Martindale-Hubbell® AV Preeminent® Rating and our client satisfaction rating of 10.0 Superb Rating on Avvo. We can guide you through the process of pursuing a personal injury claim without jeopardizing your financial well-being. Contact us online or call us at (800) 746-0226 for your free case review. We have five offices across the state of Indiana and can meet wherever is most convenient for you.
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