Am I Legally Responsible for Medical Debt Incurred As a Minor

[Mibby]

My question involves collection proceedings in the State of: South Carolina

Long story short, I want to know if a minor can be held responsible for medical debt.

I had a severe panic attack after receiving bad news in a hotel back in 2009. My mom had left a few hours prior to attend to the bad news we'd received. The hotel staff called 911 after receiving calls of concerns for other people in the hotel about my screaming, sobbing, retching, and then sudden silence (I'd eventually blacked out) and I was taken to the hospital in an ambulance. I don't even remember what treatment I received as I was delirious at the time, but I went in for a panic attack and ended up leaving with a prescription to treat a bladder infection (which is crazy to me).

Now, the medical debt has been sitting on my credit history ever since, accumulating interest and getting me credit declines left and right. I've tried to dispute it with the hospital, with their debt collecting agency, and even with the help of Experian, to no avail. The hospital told me to call the debt collecting agency. The debt collecting agency told me to call the hospital. This is ruining my credit and I can't afford to just "pay the bill". I'd like to think this is highly illegal, but it may not be.

After browsing this forum, I see a lot of California cases similar to mine, but I can't find information on South Carolina having a "family code". I also do not and have never resided in South Carolina, so I am really unfamiliar with the law.

[cbg]

What do you think is illegal? You incurred the charges; the providers are entitled to be paid.

Off the top of my head I don't know whether, in SC, you or your parents are ultimately responsible but SOMEONE is.

[Mibby]

I understand that someone is responsible for the bill. Healthcare in the United States is based on financially profiting, not public service. Trust me. I understand.

But I do not understand why I should be held financially responsible for a hospital visit that I did not actually ask for at a young age. I took a half conscious ride in an ambulance because the hotel staff sought it to be fit. Not because my parents did nor because I did.

I cannot afford what they're asking for and I had no idea that I even was indebted to them until my adulthood, when I decided to care about my credit's reputation and see why I can't even get a department store credit card.

Sorry if I seem defensive, but your statement seemed more brash than I was expecting.

[Mr. Knowitall]

South Carolina's statutes provide,

No action shall be maintained whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy or upon any ratification after full age of any promise (except upon contracts for necessaries) made during infancy unless such promise or ratification shall be made by some writing signed by the party to be charged therewith.

Any minor who has reached the age of sixteen years may consent to any health services from a person authorized by law to render the particular health service for himself and the consent of no other person shall be necessary unless such involves an operation which shall be performed only if such is essential to the health or life of such child in the opinion of the performing physician and a consultant physician if one is available.

Emergency medical care would fall under the category of a necessity, and you also obtained the care once you were past the age of 16. I am skeptical that you will be able to avoid your responsibility for the debt. However, as you were a minor at the time, it's reasonable for you to ask your parents why they haven't paid it. They had a duty, after all, to provide for your support.

(There's older case law suggesting that a health care provider cannot pursue a minor for health care costs unless the parent is unable to pay, but as the statutes above were last modified much more recently I would suggest consulting with a family lawyer in your state about its continued viability.)

[Mibby]

Thank you. My parents were never notified of it. No one in my family has $500+ to dish out for the bill (not even sure why it costs so much). Nevertheless, thank you.

[Dogmatique]

Are you saying that your parents weren't notified of your medical condition?

Or the bill?

[Mibby]

They weren't notified of the bill. No one was ever notified.

[Dogmatique]

Gotta be honest - $500 is nothing. The cost of an average ER visit can run into the thousands.

It does look like you're on the hook.