Legal Question in Consumer Law in California
hospital fees
My spouse went to the hospital and never came out. The hospital sent me a bill saying that I owe them money for the death of my spouse. I would like to know if I am stuck paying a bill for the murder of my spouse? This took place in southern California. I pay my bills but I don't think that I should pay for the killing of my spouse through there sloppiness. What can I do? I would like to know what options are available to me as I do not think that I should have to pay for their heinous crime.
4 Answers from Attorneys
Re: hospital fees
Under ordinary circumstances, the decedent's estate is liable for payment of the final hospital bill. If you believe the hospital or its staff/physicians were negligent, you should hasten to meet with an attorney to discuss your legal options. Normally such a lawsuit has to be filed within a year of the malpractice, so don't wait. I'm very sorry to hear about your loss.
Re: hospital fees
I'm sorry for your loss. It's not clear from your question whether someone murdered your spouse or whether you believe the doctors and/or hospital committed medical malpractice. If the latter, you need to retain a lawyer right away to get the medical records (preferably through a private investigator who can get them before they are altered) and have the records reviewed by a medical expert. If the former, if the murderer is caught you could possibly recover from a responsible party or you could file a claim with the state victims of crime program. In any event you need to act without delay. Good luck.
Re: hospital fees
The threat of a lawsuit may get the hospital off your back. You, as the husband of your wife would be liable for her debts, including the hospital bill. If you miss the deadline to file a malpractice claim, you could assert malpractice in a cross-complaint beyond the 1 year statute of limitations. However, your cross-claim would be limited to the amount of the complaint; so the best you could hope for would be to break even.
Re: hospital fees
Yes, you are liable for the bills incurred during the hospital stay. However, if you believe that there was malpractice and your husband passed away due to the hospital/staff negligence you should immediately consult with an attorney and file a claim against the hospital.
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