I used to work for an oral surgeon & my sister went there to have a few teeth removed. We always wrote off balances for family members (everyone in the office did this & It was okay'd by an employee that had been there for 7 years)

Fast forward a year later.... I just up & quit the office without notice to go work for a rival doctor. A month later, I receive a letter from my old employer saying someone deleted & wrote off my sisters account & it was not "authorized." They insinuated that I altered legal documents & then go on to say that the balance was due by me or my sister within 10 business days. With this letter, they included print outs from their office system (stating all of the charges), my sisters signed surgical consent form (with information on the procedures that they did) and my sister's registration form (including her DOB, and SSN).

I wrote a certified letter back to them after I received this letter (still have the letter & receipts) Stating that I didn't alter any legal documents (like their letter insinuated) and if their letter was an attempt to collect a debt, they addressed it to the wrong person and this balanced is not owed by me. I then go on to say they need to contact her and address any and all future correspondents to her.

Thankfully, I saved all of this!

Now, my sister lives out of state & she received a certified letter from the court to my house about 2 months ago but I refused it because she didn't live here. She got a certified copy of this letter at her new address today. It was a notice of claim saying she had to be in court on December 2nd. The letter had all of the paperwork that I had previously received and saved.

My sis called to try and get a continuance. The atty office said they wont file for continuance....my sis is coming out here towards the end of December & is trying to get the date moved to then so she can go to court for this.

What is her best course of action? I know that I used to work at the doctors office but I didn't work there when they sent me her personal information & consent forms. Does she have a leg to stand on as far as a HIPPA violation? The lawyers office has all of these papers as well, was the dr. office allowed to send all of that to them?

Thank you so much for your help!

What was the date of her service??

You ( she) may have an "out" if your State prohibits medical billing more than a year after the service.

Otherwise, she IS liable if she signed all the HIPAA release forms and accepted liability.

The only saving grace that she might have is that she was not properly served, ( unless she was living with you when she had the work done)

If she DOES get a judgment against her, it would have to be domesticated in her present State of residence to be enforceable against her.

If this is a large amount of $$, she may want to see a consumer lawyer to help her. Look on my website for legal links at the top of the page .

This all took place in Indiana and the date of service is 5-4-06.

I'm not sure if she signed the HIPPA release form or not (this was not included in my paperwork but I will ask my sis if it was in hers)

She did not sign anything assuming financial responsibility because I was told to just write it off. The only thing that she signed was the surgical consent form.

I forgot to add that she was not living with me at the time of service (she was living with her boyfriend) but she was using my address because she moved here from a different state & stayed with us briefly.

She needs a lawyer, there are 2 statutes of limitations involved here, plus a possible counterclaim for fraudulent billing practices. In any case, she needs to appear ( preferably with a lawyer) and defend herself. ( You MAY also have a cause of action against the dentist under Indiana labor laws for harassment)

IC 34-11-2-3
Professional services related actions
Sec. 3. An action of any kind for damages, whether brought in contract or tort, based upon professional services rendered or which should have been rendered, may not be brought, commenced, or maintained, in any of the courts of Indiana against physicians, dentists, surgeons, hospitals, sanitariums, or others, unless the action is filed within two (2) years from the date of the act, omission, or neglect complained of.
As added by P.L.1-1998, SEC.6.

IC 34-11-2-7
Six year limitation
Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues:
(1) Actions on accounts and contracts not in writing.
(2) Actions for use, rents, and profits of real property.
(3) Actions for injuries to property other than personal property, damages for detention of personal property and for recovering possession of personal property.
(4) Actions for relief against frauds.
As added by P.L.1-1998, SEC.6.

Why Chat- The funny thing is that she works for an attorney in VA.

Thank you so much for your help! You are AWESOME & I am grateful you are on the boards!