Legal Question in Credit and Debt Law in California
Liability for medical bill based solely on paternity
Father and Mother are divorced. Father carries the health insurance on Son. Court-ordered custody is 50/50. During Mother's custodial period, Mother takes Son to Hospital because Son's finger has been hurting for two days. Mother signs contract with Hospital, agreeing to pay hospital bill. Subsequently, the health insurance provider denies the claim because Mother did not follow proper procedures in obtaining treatment. Specifically, the incident was not an ''emergency'' requiring a hospital visit. Mother could and should have taken Son to an approved medical provider or gotten referral from same. Hospital bills Father for payment. Father claims he is not liable for the bill because he did not enter into a contractual agreement with Hospital. Hospital cites a ''Necessities of Life'' statute which allegedly provides that a parent is liable for his child's medical expenses even if he was not present at the time of treatment, was unaware of said treatment and didn't consent to said treatment. Hospital claims that Father is liable purely for the reason that he is the father of Son. Father is trying to buy a car and cannot because the unpaid medical bill is on his credit record. Can Hospital legally tarnish Father's credit record?
1 Answer from Attorneys
Re: Liability for medical bill based solely on paternity
In a word, YES! Between Father and hospital, Father is liable for the entire amount of the hospital bill, and yes, they can report his non-payment to a credit bureau. As between Father and Mother, Father is only liable for one half of the bill, and Father and Mother should get on with resolving this matter, or , as you can see, Father can continue to pay a cost. If the medical treatment was not at all required, then Father could attempt to make Mother pay for the entire amount. A further modification of the dissolution decree should be made, requiring Mother to abide by the insurance procedure for medical services, or pay the entire bill, that would not protect Father, however, from a claim for the entire amount as between him and the hospital. The ultimate responsibilty would have to be determined between Mother and Father.
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