Criminal Trials, Hearings Bill of Particulars

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ellencho11

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I have to complete a Bill of Particulars in a case where I am suing my doctor. I had a routine (yearly check-up) visit scheduled, and some of the tests she did during that visit she did not consider as part of that routine visit ( I didnt request her to do them, and she didnt inform me that they would be an additional ) . They were charged differently to my insurance company....I ended up paying $200 for an appt that should have only been my $25 copay. Tried to go to small claims with it, but she sent a lawyer, and now we go to trial and I have to fill out a BOP.
I am not sure what to include in it exactly.
!. Do I have to define the different between a routine exam (yearly check-up ) and a diagnostic (sick visit) because that is what cause the billling problem . Insurance company covers each of these differently. She coded them accordingly, and does know the difference and was aware that she was coding them differently...told me on the phone recently when I called to try to settle this before going to court.
2. Should my reasons for the suit be listed separately if they are different, but are for the same suit...ex. I am suing her because, the tests were not part of scheduled exam, and also I did not request the tests, etc.
3. Do I list the filing fee for small claims in as one of the items in the BOP?
4. Can I recover lost wages due to having to go to court in this suit...I had them included in the small claims amount. Now it will be 2 days of lost wages.
5. Do I included copies or explanations of the evidence I have to prove my case?

Thanks so much for any help anyone can give !
 
No one can answer your question until you tell us EXACTLY what the bill of particulars asked for.
 
First...thanks very much for answering so quickly. I have only 10 days to get this to the court and the defense attorney's office.
It says.." in numbered paragraphs, the plaintiff should write down the facts that he/she intends to prove in court. The details include the dates, amounts, and reasons the plaintiff believes that the defendant owes him/her something. The BOP helps the defendant prepare for trial by giving him the information about the plaintiff's lawsuit. It saves witnesses, who are unnecessary, from coming to court."
 
ellencho11 said:
First...thanks very much for answering so quickly. I have only 10 days to get this to the court and the defense attorney's office.
It says.." in numbered paragraphs, the plaintiff should write down the facts that he/she intends to prove in court. The details include the dates, amounts, and reasons the plaintiff believes that the defendant owes him/her something. The BOP helps the defendant prepare for trial by giving him the information about the plaintiff's lawsuit. It saves witnesses, who are unnecessary, from coming to court."
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Then write down all the facts that you have so that you will comply with this BOP.
 
In my original post, I listed questions concerning what types of facts I should or should not include, along with a few other questions...these original posts are what I really need answered. If you could refer to these, it would be the type of help I am looking for on this website.
Thanks very much.
 
ellencho11 said:
In my original post, I listed questions concerning what types of facts I should or should not include, along with a few other questions...these original posts are what I really need answered. If you could refer to these, it would be the type of help I am looking for on this website.
Thanks very much.
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Yes, I read that.

Give them as many facts as you can.
 
I'm a llittle confused...are you not allowed to give me specific information?
I dont know what to do about lost wages for days I had to go to court...can I claim them in my suit?
 
ellencho11 said:
I'm a llittle confused...are you not allowed to give me specific information?
I dont know what to do about lost wages for days I had to go to court...can I claim them in my suit?
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For the third time: WRITE DOWN EVERYTHING YOU WANT THE COURT TO KNOW! ASK FOR THE FARM...SETTLE FOR A GOAT....:yes:
 
ellencho11 said:
OK...got it that time. Having a "blonde" morning. Thanks again, and here's hoping for a farm with a tractor, even.
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Does this mean you get to park in a handicapped zone?:dgrin
 
I have a new twist to my case now. I sent a bill of particulars explaining everything. The lawyer has now sent me a notice for "certification of expert witness opinion at time of service process" Va. Code 8.01-20.1 . The doctor and I were the only 2 people in the office at the time. (a brief summary is written above in the bill of particulars posting from a few weeks ago)
Can you give me any assistance as to what this would refer to? Would it be my insurance companies claim that the coding caused the billing to be different? I am not sure what he wants.
Any help would be very grateful...the claim is only for $300...if I hired an attorney, it would cost much more than that to appear in court.
 
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