An Accretive Health lawsuit is a lawsuit that is filed against a healthcare provider, usually one who is responsible for denying a medical treatment or device to a plaintiff. The plaintiff’s attorney files the suit after the fact and there has been no opportunity to file a complaint before that. For many plaintiffs, this is their first encounter with a lawyer, although many have represented themselves in the past. The complaint must be filed within three years of the date of injury or loss.

There are two basic types of Accretive Health lawsuits.

One is a breach of contract lawsuit, where the defendant has been given notice of a proposed action, but has not actually done it. The plaintiff can also file a negligence lawsuit for injuries or failures to treat caused by the defendants’ actions. Both types of suits must contain certain elements.

The plaintiff and his attorney will work together to prepare and file the complaint.

Afterward, it will go to a judge who will review the case. A medical expert will be hired to look over the records, and determine whether or not the medical treatment in question should be awarded to the plaintiff. Sometimes, the medical expert will opine in the court that a remedy should be awarded. If the judge rules in favor of the plaintiff, then the court can issue an order for a new medical care policy to cover all of the plaintiff’s expenses.

However, sometimes this is not the end of the story. Some doctors and/or healthcare providers try to stonewall plaintiffs. They argue that because the treatment was given at the prior hospital, it is not covered under their insurance plan. Other doctors and/or healthcare providers will simply refuse to admit liability. Either way, the lawsuit is likely to continue going forward. Once a medical records lawsuit has been initiated, the plaintiff and his/her attorney will need to find an expert who will opine in the court in their favor.

How does an Accretive Health lawsuit work?

After the initial doctor who refused the plaintiff’s treatment stands down, another medical professional who failed to treat the plaintiff is added to the list. This is done until either the plaintiff or the doctors are no longer in the lawsuit.

How is an Accretive Health lawsuit different than a typical health insurance lawsuit? Unlike a health insurance lawsuit where the plaintiff receives payment from the defendant, the Accretive Health lawsuit is usually settled out of court. Also, unlike a health insurance lawsuit where the plaintiff sues the defendant for medical bills that exceed a certain limit, this lawsuit is filed against the defendant without regard to the limitation laws.

How do I choose the right doctor?

Inaccurate or biased medical advice may cause one to lose an Accretive Health lawsuit. For example, if the plaintiff was told that X-rays would help clear up the back pain she was suffering, but a specialist told her otherwise, she is not entitled to damages from that doctor. Similarly, a plaintiff who is told that she cannot get pregnant because of her unhealthy lifestyle is not entitled to monetary damages from her irresponsible doctor. Thus, it is important for plaintiffs to find a doctor who agrees to an open communication. A doctor who is willing to explain a patient’s condition to her without pushing any harmful treatments on her may be the best doctor.

When and how should an Accretive Health lawsuit be filed?

Most lawsuits are filed within three years of the first negligence by the defendants. However, if the doctors deny the claims or try to delay the lawsuit, the plaintiff should file the lawsuit earlier.