I know somebody who was hit by a car and was taken to the hospital unconscious...when he left the hospital they billed him $350,000 since he was uninsured. Is it legal for the hospital to charge him $350,000 over something he had no control over. This is financially running him....any ideas as to what he can do?
He is about to file for bankruptcy...but I feel that the hospital is trying to cheat him out him. Please help.
2007-03-15 10:25:44 · 6 answers · asked by christiansareawesome 4 in Politics & Government ➔ Law & Ethics
It sounds like you're saying he was a pedestrian and he didn't have medical insurance. If that's the case it doesn't matter if he has medical insurance or not. The person who hit him should have Bodily Injury Liability coverage on the vehicle that struck him. That liability coverage should pay for at least a portion of his bills, (sue for the rest).
Another way your statement could be seen is that he was in a vehicle but didn't have car insurance. If that's the case, the other vehicle may have Uninsured Motorist Bodily Injury coverage, which may help pay a portion of the bill.
Next get a detailed invoice from the hospital showing where they came up with $350,000, and a possible witness (family or friend who was at the hospital with him).
Also find out if the statute of limitations has run out on filing a claim with the other person's insurance company, or to file a lawsuit.
In the meantime, have him to just pay a little bit to the hospital every month. Even if it's $100 a month. The hospital can't take legal action against your friend if he shows that he is at least trying to pay off the bill. Whatever he pays to the hospital he can be reimbursed through the liability insurance of the other driver.
I'm not sure about California insurance laws, but Tennessee law states that you have to have at least liability insurance on your vehicle. And the statute of limitations here is 1 year. Check on that with California law.
Good Luck.
2007-03-23 10:32:15 · answer #1 · answered by spicy_salsa69 5 · 0⤊ 0⤋
If a person is not conscious, the law basically says that medical folks can assume that you are consenting to every reasonable procedure to save your life. If you are in fact conscious, you can of course refuse these things. So your friends can't tell the hospital after they saved his life, "well, no one asked you to do it." That's not going to fly. Now, hospitals typically overbill. If your friend had insurance, the insurance company probably would pay half of the $350k bill and the hospital would just have to write off the rest. My advice to you your friend would be to basically hire an attorney and approach the hospital to reach some kind of a payment play which will include reduction in the principal amount. And during this stage your attorney will remind the hospital that you have the option of bankruptcy, that you can default and upon suing you, they have to prove that the entire bill was legit, etc.
2007-03-15 23:52:50 · answer #2 · answered by musicdotcm 3 · 0⤊ 0⤋
The hospital is probably trying to cheat him but it's a legal form of theft, I'd guess. You might try the state board of health. California is currenty working on Universal healthcare so there's a lot on the web about that-maybe contact them. There's always local media that loves a story like that so that's a good way to go...often people get help that way.
If all else fails, bankruptcy-I read 50% of bankruptcy cases are filed because of medical problems. Good luck.
2007-03-15 17:34:38 · answer #3 · answered by Middleclassandnotquiet 6 · 0⤊ 0⤋
He needs to get a lawyer and sue the *** off the driver of the car that hit him. That driver's insurance should have been paying these costs from the get go.
They are not cheating him, they just have a profit to make and major insurance premiums to cover. This is another example of why social medicine is better than privatized medicine.
2007-03-15 17:35:47 · answer #4 · answered by St N 7 · 1⤊ 0⤋
Well alot of people don't intentionally get sick but they still have to pay their hospital bill.
I would suggest that he contact the hospitals charity or indigent care office and see what can be done.
It's not his fault he got hit nor is it the hospitals fault he was uninsured they just saved his (what seems to be ungrateful) life.
2007-03-15 17:31:22 · answer #5 · answered by Susie D 6 · 2⤊ 0⤋
Depending upon his condition when entering the hospital (life or death situation). If this was an unnecessary bill then I would consider taking it up with the Ethics Board.
2007-03-23 16:53:53 · answer #6 · answered by countrymusicfan 2 · 0⤊ 0⤋