Legal Question in Credit and Debt Law in California

Medical bill statute of limitations

What is the difference between oral and written agreements (i.e. 2 or 4 year statute)? Two years ago I visited the ER and I just now got a bill they said the insurance didn't pay. Am I liable for this?


Asked on 8/13/08, 6:28 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Medical bill statute of limitations

The difference between an oral and written agreement is just as it sounds. An oral agreement is one which is only made verbally - there is no written agreement. A written agreement is one in which the agreement of the parties (you perform this service, and I'll pay you X) is actually evidenced by a written document. When you visited the ER, at some point you were "admitted" meaning they took down your information (name, insurance, etc...) and at some point you signed several documents. You most likely signed a consent to treatment, and somewhere in these documents is your agreement to pay for the services rendered as billed. Thus, most medical debts have a four year statute of limitations. As such, yes you are liable for the debt.

I'd look into why your insurance didn't pay the bill, then negotiate with the hospital to pay 1/3 of the total amount. Hospitals and medical providers have agreements with insurance companies that provide for reduced fees for patients with insurance. If I go to the hospital, and it charges me $9,000 for a service, my insurance is only going to be billed $3,000, and the remaining $6,000 is written off as a "contract adjustment". 1/3rd is an approximate number, not exact. If your insurance won't cover the expense, then tell the hospital you will pay them what they would have received under your insurance agreement which is approximately 1/3 of the total bill. They may not accept that, but you should be able to get them down to something close to 33%.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/13/08, 6:56 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Medical bill statute of limitations

Yes, and your insurance company probably is too. Insurance companies are infamous for not paying an entire medical bill. Let me guess, you owe somewhere between $1,000 and $1,500.

No I am not a psychic, but insurance company tactics are very predictable. The problem is it will cost you more than this amount to hire an attorney. Your insurance company knows this. That is why it keeps getting away with it.

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Answered on 8/14/08, 12:42 am


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