Marchiondo and Associates, Attorney Swindles his clients Los Angeles, California

If everything was on the up and up, you should have explained everything to me in the beginning.  Furthermore, there was no need for me to go to those doctors that you sent me to, because I would have gotten the same  if not better treatment through my own doctors at Kaiser.  Yes I did medical insurance billing and that is how I know that you swindled me and thought nothing about it and refused to return my calls. 

A simple explanation would have been appreciated.  also, to hid the amount of my part of the settlement until I came to the office was shady in itself.  You took my case to make everyone else money and you're not right.  All I have to say is that I stand by what I orginally wrote and you can't prove me wrong...can you? 

I trusted you and you betrayed my trust thereby, adding more pain to an already painful problem.

Ms. Seals retained our office to represent her in connection with a motor vehicle accident she was involved in on January 15, 2010.  She executed a Retainer Agreement, a copy of which is attached, expressly providing that our firm would be paid a contingency fee of 33 and 1/3% of the gross settlement amount if the matter was settled prior to litigation, which in this case it was.   Pursuant to the Retainer Agreement, Ms. Seals also agreed to reimburse our firm for any costs advanced on her behalf.

Ms. Seals was treated at Centinela Hospital Medical Center on January 17, 2010.  She was charged $1,007.12.  

Thereafter, she was treated at Progressive Health Center from January 20, 2010 to June 17, 2010 on a medical lien basis.  She incurred medical charges of $4,465.00.  In order to receive treatment on a lien basis, Ms. Seals executed a medical lien, which legally binds our firm to make sure the medical lien is satisfied before releasing funds to Ms. Seals.
 
Because of continuing complaints, Progressive Health Center referred Ms. Seals to Ali A. Dini, M.D. for an Orthopedic Consultation and x-rays.  She incurred medical charges of $1,450.00.  In order to receive medical care, Ms. Seals executed a medical lien with Dr. Dini.      

Pursuant to Ms. Seals instructions, and with her authority, we settle her personal injury matter with Infinity Insurance Company in the sum of $8,950.  Ms. Seals executed a General Release on August 6, 2010.

On August 20, 2010, Ms. Seals came to our office to review and sign a Settlement Disbursement.  We explained that our fee was 33 and 1/3%, which is $2,983.33.  We also explained to Ms. Seals that because of the medical liens she executed in favor of Progressive Health Center and Dr. Dini, those liens would have to be satisfied before disbursing funds to her.  Because of our relationship with Progressive Health Center and Dr. Dini, we were able to negotiate to reduce their liens.  Progressive Health Center agreed to accept $2,537.50 as full and final satisfaction of their medical lien.  Dr. Dini agreed to accept the sum of $745.83.  We thereafter paid  the medical providers a total of $3,283.33.

She acknowledged that she understood that especially since she claimed to have over 7 years of experience as an Insurance Biller and taught insurance billing for an additional 3 years, for a combined 10 years.  We explained to her that we were not paying the bill from Centinela Hospital Medical Center because there was no medical lien executed by her and the bill was paid by Kaiser and discharged.  

We further explained to her that, in accordance with the Retainer Agreement, she had to reimburse us for expenses we incurred on her behalf and any advances given to her.  Specifically, $30 and $42.77 to obtain her medical records and billing statement from Centinela Hospital Medical Center, $23.00 for a traffic collision report from LAPD, and $200 advanced to her.

The Settlement Disbursement was fully and thoroughly discussed with Ms. Seals while she was present in our office.  Any questions she had was answered in a proper manner.  After she was satisfied with the settlement breakdown, she executed the Settlement Disbursement.  She was given a check in the amount of $2,387.56

Ms. Seals has clearly misrepresented this situation to the State Bar.  She claims we paid Centinela Hospital Medical Center, which is clearly untrue.  She claims we deducted $6,690.00 from her settlement for medical bills, which again is clearly untrue.  

We were asked by the California State Bar to provide an explain regarding Ms. Seals claims.  We provided the above explanation.  The California State Bar was satisfied with our response, and closed its file on this matter.

Joyce writes that she was ripped off because Marchiondo paid medical bills from her settlement. She also writes that the insurance company stated they would pay the medical bills.

Sorry, Joyce, but as much as it pains me to say this, Marchiondo did not rip you off. I work for an auto insurance company as a Bodily Injury Adjuster. I am no big fan of attorneys but it appears Marchiondo has done nothing wrong here. Settlements always include reasonable medical expenses as well as lost earnings (if applicable) and a negotiated amount for pain and suffering. You did not specify what insurance company told you they would pay the bills, but it certainly was not the third party auto insurance (for the at fault party). As a general rule third party auto insurers do not pay the bills, they pay you (or in this case your atorney) and the bills are then paid from your settlement. If the insurance company you alluded to was your auto insurer or health insurer, the story is the same with a slight detour. Your health insurance company may pay your medical bills, or your auto insurer may pay your medical expenses under your Medical Payments coverage up to your limit and assuming you have that coverage. The catch is that your Medical Payments coverage is excess to anything your health insurer pays, in other words, they pay only what your health insurer does not. Regardless of who pays, both insurers have recovery rights, meaning they will seek reimbursement of what they paid. Again, that reimbursement comes from your settlement, thats why the medical bills were included by the 3rd Party Auto insurer in the settlement amount. Marchiondo simply withheld the medical expense amount from the settlement when he paid you. He paid your medical bills with that withheld amount. Unless your medical providers had agreed to accept a lesser amount as full and final payment, Marchiondo's actions were completely legal and expected. His only failing as far as I can see, was in not clearly explaining to you everything that I have stated here.