Legal Question in Civil Litigation in Missouri
sued for a medical bill we did not owe
In 2004 my husbands son was living with his mother and almost 18 years old. She took him to the hospital emergency room with a sore throat. She signed her name as the guarantor of that hospital bill. In late 2005 we receive a call from a colletion agency saying my husband owed that bill because she would not pay it. There was insurance that my husband carried but she didn't use it. In the divorce decree she was to carry insurance on the kids but she cancelled them off her ins. She paid a small amount toward the bill and refused to pay the rest. We never received a billing or did we know about the bill. Needless to say we were sued for the money and had to pay it. The attorney that sued us represented my husband about 2 years before, took our money and did nothing for us, so after a year we fired him and got another attorney. Would that be conflict of interest? I do not understand why we had to pay her bill when she signed herself responsible for that hospital bill. They had been divorced at that time almost 6 years. Can anyone enlighten me on this subject?
Thank you
2 Answers from Attorneys
Re: sued for a medical bill we did not owe
Under the doctrine of necessaries a father is responsible for the medical bills of his minor child until that child is emancipated. However, your husband now has an action for indemnity against his ex-wife for the costs and attorneys fees because she breached her duty under the decree to pay for the medical expenses. This could be handled either as a direct action for indemnity or perhaps as a motion to cite for civil contempt. You should consider obtaining another attorney and pursuing it.
To the extent that a lawyer had previously represented your husband and then turned around and sued him for this debt, that fits within the definition of conflict of interest, but likely should have been raised at the hearing where it might have done some good. Now your only recourse is to pursue a complaint with the Office of Chief Disciplinary Counsel.
Good luck,
Re: sued for a medical bill we did not owe
Under the facts that you describe, it does appear that there was a conflict of interest, as to the attorney. Your husband might consider pursuing it.
As to the bill for the son, it appears that your husband may have been liable to the hospital for the treatment of his minor son. However, as you state the facts, it appears that he can go after his ex for recompense of those bills. She was supposed to carry insurance and bee responsible for the bills.
Good Luck
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