Legal Question in Consumer Law in Florida

About a month ago, my wife was feeling a bit sick or, may be tipsy after having a single alcoholic beverage by herself at a bar. As she walked out of the bar to take a rest on a bench nearby, she accidentally bumped onto a man. Minutes later, a cop showed up followed by an ambulance. She was then forced to go to the hospital by the Police and ambulance crew. She was conscious and she or the man she bumped onto had no injuries. She had said repeatedly to the Police and the ambulance crews that all she needed was to take a rest on the bench there, she did not want to go to the hospital, she did not need any treatment and she did not have money to pay for it. They replied to her "It's free!".

On arriving at the hospital, my wife again emphasized to the nurses and doctor at the hospital that she did not want any treatment and she had no money to pay for it. They replied to her that their job was to treat her only.

3 weeks later, she received the bills from the hospital and the doctor for over $2,400 in total for a "Level 5 ED Treatment" and an alcohol blood test.

I immediately called the hospital about the bill and I was asked to explain the situation in writing to them which I did immediately afterwords.

Yesterday, I received from the hospital the bill the 2nd time enclosed with it was a form of Application for Financial Assistance.

Does she responsible for this bill? We would appreciate it very much for any advice.


Asked on 10/25/09, 12:11 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

What was her blood alcohol level from the one drink at a bar while she was alone?

If she was lucid and did not consent to treatment and did not sign any paperwork at the hospital promising to pay, I don't think she is required to pay. If, however, she was dangerously drunk my answer might be different.

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Answered on 10/30/09, 9:36 am


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