Doctors sue lawyers for allegedly stiffing them on proceeds from payout

By Dan Harkins | Aug 5, 2015

Medical providers are seeking payment from litigators who disbursed claim proceeds to their former patient before paying for his medical services first.

Marque Medicos Kedzie LLC, Medicos Pain and Surgical Specialists SC and Ambulatory Surgical Care Facility LLC filed a complaint July 28 in Cook County Circuit Court against Edwin Reyes and McCready, Garcia and Leet PC.

The three medical service provider plaintiffs bring this case to receive payment for services provided to Noe Diaz, who suffered a work-related injury in 2012 and received more than $330,000 in treatment from the plaintiffs, the lawsuit states.

The defendants represented Diaz before the Illinois Workers' Compensation Commission, the lawsuit states, and the plaintiffs were denied by Diaz's employer and insurer for pre-approved services.

So the defendants signed a contract with the plaintiffs for the treatment to be performed with payment to come after the defendants prosecuted the claim.

The defendants ended up disbursing the claim proceeds directly to Diaz without paying the plaintiffs, the lawsuit states.

The plaintiffs, citing breach of contract, promissory estoppel, negligence and aiding and abetting in the breach of fiduciary duty, seek payment of $330,000, plus costs.

The plaintiffs are represented by Alan J. Mandel Ltd. in Skokie.

Cook County Circuit Court case number 2015L007649.

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