Legal Question in Health Care Law in Ohio

Who pays for the difference

My 18 year old son was life flighted to a trauma hospital after an auto accident which is required by law. He was covered by my health insurance plan through my retirement. Because he was 18 and no fianical statement of responible was signed (I checked with the hospital.) Who is responible for the difference in what insurance pays and what the doctors are billing???? Is there a law is it written some where? I'm having $10,000 through numerous doctors collection agencies contacting me. My son passed away after 16 days in ICU it's been 10 months.


Asked on 2/08/06, 6:05 pm

1 Answer from Attorneys
Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Re: Who pays for the difference

I am sorry to hear about the tragic death of your son. My heart goes out to you and your family...

As to the responsibility for the medical bills, since he was an adult and as long as you did not sign anything at the hospital assuming or providing a guarantee on the hospital bills you are not personally liable. Since he died, his estate would be the only entity that would be liable for the bills and depending on what assests he had will determine if the bills can be paid. I would suggest you tell the collection agencies that you are not responsible for your son's bills as he was an adult and that if they continue to pursue you you consider there conduct a violation of the debt collection laws.

If your son's death was due to the negligence of someone else and you have not already consulted a lawyer, the bills your sone incurred can be paid out of the proceeds of a wrongful death claim that you might consider pursuing. If you have already hired a lawyer on the death issue turn the bills over to him or her. Good luck.

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Answered on 2/09/06, 9:42 am


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