Legal Question in Credit and Debt Law in California

Medical Billing

My mother in Law was hospitalized 2 1/2 years. It is believed that her condition worsened through neglagence of the hospital. Although since then she has passed. It has been two years since our loss. The Hospital now decided to charge my father in law 17 thousand dollars due to the Insurance being exahasted,now being sent to collections. We were never notified of this. Is it fact that the hospital is to notify us if we're nolonger insured, or as they say exhasted. She was transfered to a new location, under the same insurance. where she then passed. We had no Billing problems with the new location. Is there any advice, to help with this matter.

Asked on 11/13/07, 2:04 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Medical Billing

For starters, if you're claiming medical malpractice, the Statute of Limitations requires you file suit within one year of discovery of the malpractice - when did you learn of it?

Next, to file such malpractice suit, you must have an opinion of malpractice from an expert doctor in that field. Neither your opinion, nor mine, is relevant. Do you have such opinion?

On the issue of billing, if the husband was responsible for the hospital bills unpaid by insurance, through the estate of the wife, then the medical providers have 4 years to bring claims and action on the bills. Sounds like they are timely; the issue is whether the husband is liable, and that will depend on the contract terms with the providers.

He needs to consult with local counsel to review the documents and billing claims, to see what to do. It may be possible to submit duplicate claims to the insurance company that were improperly rejected.

Feel free to contact me if interested in getting help with the billing, or if there is a viable malpractice claim still available that is supported by medical opinion.

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Answered on 11/13/07, 2:59 pm

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