How do I handle fraudulent medical treatment?
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You do have the right to consider filing complaints against him with the medical board (www.mbc.ca.gov), the state attorney general (oag.ca.gov), and the Federal Trade Commission (www.ftc.gov). There also can be a right to sue for fraud. In California, the timeline to file for fraud is three years from when it’s discovered.
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I need help with a civil case regarding a loan for medical treatment that promised to cure my diabetes. A doctor, who turned out to be a chiropractor, sold me on getting a loan to pay for the treatment. The treatment stopped when I asked about an article from the federal government, saying it was fraudulent. Now, the bank that gave me the loan is now suing me to collect the total loan.
I'm sorry to hear about your situation; it sounds very stressful. Can you tell me when the loan was taken out and when the treatment began?
I would have to look up the dates.
Have you had any previous communication with the bank regarding the lawsuit, or have you received any legal documents related to it?
Yes
Is there anything else the consumer protection lawyer should know before I connect you? Rest assured they'll be able to help with your loan dispute.
Yes
Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your legal concerns. So I can best help, when did you discover it was a fraud?
I was told by a friend that the FDA had issued a cease and desist to some other doctors, so I asked my doctor, but could never get an answer or call back. This is when I stopped paying.
I'm glad you discovered it. When was that?
I think it was around August or September of 2023.
Thank you for sharing that. In what state was it?
I live in Utah; the doctor was in California.
Did you ever file any complaints with the medical board or the state attorney general?
Nothing formal, only with the people at the office.
You do have the right to consider filing complaints against him with the medical board (www.mbc.ca.gov), the state attorney general (oag.ca.gov), and the Federal Trade Commission (www.ftc.gov). There also can be a right to sue for fraud. In California, the timeline to file for fraud is three years from when it’s discovered.
My bigger concern is the bank is suing me right now. I filled out the response form the State of Utah provides and they came back with a demand for summary judgment.
Is suing the doctor going to be my only way to recover what I have to pay in the current case?
Sadly, yes. With the doctor, you would usually have to recover any funds from him, or if the state brought charges, you could also receive money from restitution.
Is there any advice on responding to the demand so I can at least try to get in front of a judge and explain?
With the demand, has anything been actually filed in court?
Yes, it is an active case.
So, you would usually then have to file an answer to respond to their complaint. This allows you to have your argument heard in court. Then, once you file an answer, the hearing would be set.
So I did that. But the attorney followed that by filing a demand for summary judgment. If I am understanding this paperwork right, he is saying I am in breach of contract and the medical is neither here nor there.
That is the usual argument, sadly. With a summary judgment, you would have to show there were facts in dispute. For example, does the lender have any connection to the scammers?
The doctor’s office called the bank, who came on the line to gather my info for the loan. Once that was done, they brought the nurse back on.
So they suggested the bank? If the bank and the scammer are connected, that is a fact that could possibly overcome a summary judgment. In responding to summary judgment in general, you have to show there are facts in dispute.
Would I be able to hire you, at least to help me word my response to the demand?
My apologies, we here cannot provide representation. But for the response, you would have to explain the situation and how the facts the bank is putting forth are wrong. For example, if they knew the contract was fraudulent, agreeing to give you money for it is also fraud.
Ok, I will compose something and just ask AI to polish it for a legal response.
Thank you for your help.
You're very welcome! Have a wonderful night.
