Legal Question in Credit and Debt Law in New Jersey

I'm being sued by the hospital my daughter was born at in Jan 2008. Even though I provided the hospital with 2 insurances, mine and my wife's somehow $4000.00 was never paid. I'm not sure if it was the hospitals fault but there seemed to be some question over who the primary ins. was after my daughter was born. For the last 2 years we've been back and fourth with the hospital's lawyer trying to get this whole thing straightened out. Months go by without hearing anything so we think it's been taken care of only the have the lawyer call us again to say it's still not paid. My insurance is claiming that the hospital never submitted a bill to them and it's now too late to do so. Today I got a notice in the mail saying I'm being sued for almost $8000.00. How am I responsible for this bill if I provided the hospital with 2 insurances? Please help, I'm not sure what I can do next.


Asked on 2/21/10, 6:43 am

2 Answers from Attorneys

You need to tell the hospital and their attorney, that you gave them 2 sets of insurance information, and that if THEY failed to put in for payment, that is on them. Give them the information you gave them at the beginning, and tell them to work it out with the insurance companies, and to LEAVE YOU ALONE. Tell them if they screwed up, that is on them, and NOT TO CONTACT YOU AGAIN about it unless they have PROOF that they applied timely, and the insurance company refused payment because your wife or child received UNCOVERED services and - PUT EVERYTHING IN WRITING! You can speak with someone, but PUT EVERYTHING IN WRITING !! Tell them if they continue to harass you for their failings, you will file a complaint with the Department of Insurance and Banking

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Answered on 2/26/10, 7:13 am
John Corbett Corbett Law Firm LLC

With due respect for Mr. Begley's advice, I think that he missed the part where you said that you were already being sued. � The situation that you report is not as rare as you might expect. Hospital billing is comlicated. Insurance companies have participating and non-participating physicians. Other complications can arise. On the facts as you state them, I would advise joining both insurance companies in the suit as third-party defendants. If your lawyer thinks that it is warranted, consider adding a "bad faith" claim. As a general rule, it is always better to join everyone who might be responsible in the same suit. Otherwise, it is possible to have multiple suits and lose them all. If you join the insurance companies, it will force them to justify why the claim has not been paid. It can also give you proof for the defense that it was the hospital's slow billing that caused their loss. � If you join the insurance companies, you will probably need the assistance of a lawyer who will expect to be paid. Some of that may be offset if you can prove bad faith. � My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/26/10, 10:19 am


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