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Has anyone had a company to sue them? (Sorry this is a little long) - Laney


Posted: Jun 01, 2010

This is what happened.  I have done transcription for a local doctor for two years, no problems.  Well, apparently the office starting having money problems and the doctor called me in to ask me how I count the lines.  I told him that I have counting software based on 65 characters with spaces.  I have to keep a log that has patient name, how many lines and how much the report costs, and I turn in an invoice with that.

So, anyway, when I told him about the software and the 65 character lines, he said okay.  He is an ESL doctor, so I am not clear that he 100% knew what I was talking about, but he said he did.

So, a week or so goes by and he asks me to change my margins, make them wider.  Fine....that was done.  Another couple of days, he asks me to make my margins even wider.  I took a piece of paper to him and asked him to specify on the paper exactly where he wanted these margins and he basically wanted me to start on the very edge of one side of the page and go to the very edge of the other.  Looked really tacky, but hey, they are his documents, so I complied.

A day or two later, he called me AGAIN and showed me a report and it had like a couple of paragraphs that ended with three or four words on the line and he asked me if he was charged a full line for that partial line.  I told him AGAIN that it didn't matter how many words were physically on that line, that I had software that just counted 65 characters, incuding spaces, as his lines.  He said okay.

So, maybe a week or two goes by and he calls me in and says they are having money issues and he found and MTSO online that would only charge him 6 cpl and asked me if I could go from making 10 cpl to 6 cpl.  I told him no, that my job includes picking up, dropping off tapes, loading dictation cd into their computer to print out at the office, all of which I was't getting any extra for that time.  I find it hard to believe that a MTSO could charge only 6 cpl, I mean what are they paying their MTs, but anyway, I told him that MIGHT be his best bet to just go with them.  He got mad at me and we decided to part ways.

So, a couple of weeks later, doctor's wife calls me and tells me that I owe them money and she has not calcuated this out as of yet.  I asked her what she meant and she said they are counting my lines and I had lied on my invoices about the amount of lines that I had typed.  Sooooo, another trip down to the doctor's office to find out what she meant and they were again PHYSICALLY counting these lines and the partial lines, they would just take every partial line and call that one line and that is how they were counting.  I told her, just like I told him many times, that they were charged based on 65 characters including spaces.  She said they didn't agree to that, even though I had been doing this for two years and the previous transcriptionist before me did the same thing, she gave me the counting software that was provided to her by the doctor!!

So, I told them I wasn't paying them back, I didn't feel I was wrong and wifey said they will sue me.  I had a look at my contract and it just says 10 cpl.  It doesn't say how big or small that line is, whether it is counted by the characters or physical.  So, I realize I don't have my butt covered, but they don't have theirs covered either, right?  I mean it doesn't specify, so wouldn't that imply that since we had no agreement on HOW the lines were counted that they can't accuse me of wrongdoing?

TIA, sorry it's so long, I'm nervous though.

if they DO sue you, you can prove the industry - norm is 65 character lines

[ In Reply To ..]
and you will be covered. Sorry to hear this is happening to you, but you should come out okay. Good luck!!!

not to mention they did not have any problem with - it for all that time

[ In Reply To ..]
you should be fine

and he was bluffing about hte MTSO at 6cpl--- - anon

[ In Reply To ..]
he is probably bluffing now - does he REALLY have the money to sue anyone?

what kind of doctor is it that hurts for money? Dr. Pis*-poor-for-sure.

get legal advice - can get free advice anywhere. He doesn't get it and that will lose him the case.

I don't think you have anything to worry about - MT

[ In Reply To ..]
A couple of things work in your favor. The doctor has been paying your invoices all this time without complaint, his office provided the initial software, and if they are counting line by line, instead of 65 characters per line wouldn't that effectively be a gross line and come out in your favor?

The biggest thing, though, is if they are that cheap, unless they just want to prove a point and it gets down to the principle of the thing for them, no way are they actually going to shell out money to hire a lawyer.

sounds to me like he is getting sued himself. - and prob not the first time.

[ In Reply To ..]
.

lines - and more lines

[ In Reply To ..]
Yes, you can easily prove what industry standard is. The problem is that your contract does not clearly state how a line is counted. So this could go either way, IMO.

Hopefully, you'll go armed with the ADHI info and that'll be it.

In your next contract, spell out what a line is, how it's counted and be very clear.

The irony that the time and funds these idiots are wasting on this stuff is much more than an MT would "owe" them.

Sue for lines - amazed

[ In Reply To ..]
Every day I hear something new that amazes me in regards to how weird people are these days. I guess it is the bad economy talking.

If the office is having money problems, where are they going to get the money for a lawyer. I think they are just trying to bully you into paying. Good luck and stay strong!

unbelievable - me

[ In Reply To ..]
What a bunch of crap from an ESL doctor who was probably trained here in the US on a visa by taxpayers! If he has money problems, that is his issue, not yours. Welcome to America, join the rest of us. These ESL people make me sick - they come over and get free business $$$ to get set up etc (I don't mean docs, I mean in general) and all they want is more, more, more and when they finally bleed us dry, it's our fault and not theirs. Then, they go back to their country never to be heard from again because they have made their monies. Sorry, but this type of thing aggravates the hell out of me.

I'd tell her to bring it on. First of all ask for - an exact accounting of

[ In Reply To ..]
her line figures by date, report, patient, etc. If they found someone online for 0.06 cpl I'd wish them luck and suggest maybe they make sure their malpractice insurance is up to date and in order so when a patient care error occurs based on crappy 0.06 cpl transcription they'll have coverage. I'd tell her to bring it on and then when you win ask for atty fees and frivolous suit damages.

PS - If she's figuring gross lines I'd be willing to - bet they actually owe you money.

[ In Reply To ..]
Don't back down whatever you do.

The plot ALWAYS thickens once the wife sticks her nose into things - I agree with other posts

[ In Reply To ..]
Tell her to bring it on, have all your documentation, proof of the industry standard of 65 cpl, etc.

I also agree with another poster in that, when this is all said and done, you may very well find they owe YOU money.

Don't back done. And, quick question, how in the WORLD did you keep a straight face and not giggle when they were sitting there manually counting characters and lines??? In spite of the stressful circumstances, I'm afraid I might have tinkled myself laughing at them and their extreme measures (and how ridiculous they looked!).

Agree - MT

[ In Reply To ..]
I also agree with what's been written above.
1. The doc's wife getting involved always seems to equal trouble.
2. Your method of counting lines is standard and brought no complaints for two years for you and previously for the MT who had the account before you.
3. A jury likely would be so confused that they wouldn't be able to reach a reasonable conclusion, though I believe that the tide would be in your favor due to the industry standard thus far and the fact that you received no complaints prior to now.
4. Next time, do include specifics in the contract and ask that confirmation and agreement of the method of counting and its accuracy be made by the client in writing within the first 30 days.
5. Do not let them intimidate you. Do not pay them.
6. If they defame or slander you, you will have grounds for a lawsuit against them.
7. Sometimes a strong offense is the best defense.
8. Consider putting your decisions and demands in writing and send by certified mail, including mention of the line counting methods used, industry standard, previous MTs method, two years without a complaint, etc., etc.

I think, it is not CLEAR to the dr and wife exactly - .

[ In Reply To ..]
what a 65 line with spaces means, they don't understand. They need a visual.

I think this is why he was changing the line length. He did not understand, that the software does not count a LINE until it reaching 65 characters/spaces.

For the sake of understanding, I would send an email(keep it too) and say I would like to come to the office and show you and your wife and possibly include an office manager to sit in and present (a visual display) of what the software counts, what an entire page counts out to and also change the margins to his later requests and show what THAT counts out to moneywise.

Leave the pages with him with the invoice to mull over.

I think he is having money problems and wants to pay less and was thinking if he changed the line length and it went across the entire page, he would pay less. It is lack of understanding the concept.

Maybe you can think of an example in terms of his own practice, ie. your picking up and delivery time (away from desk, not getting paid, COULD be working for other client time.

If he had patients who had an office visit, left only to return a few hours later with a questions, some patients would assume they should not pay again. BUT office time is being taken, chart searched for, exam room has to be re-set, time taken from other patients. I think if you could some how explain, make it clear, he would understand. I would not be concerned about being sued. Just keep your paper work, emails. Put things in writing from now on any kind of interaction. I don't believe you tried to cheat, nope I don't, it is a lack of concept understanding. Get an appt sset up with wife, dr and office manager, if they don't get IT, maybe the office manager WILL.


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