Charged by Hospital for Care Provided Without Signing Consent Form
My question involves collection IN STATE OF WA. I'M 62 YRS RETIRED,LOW INCOME SENIOR CITIZEN. LAST YEAR I WAS HOSPITALIZED IN ER FOR MINOR CHEST PAIN,HIGH PULSE & SHORT OF BREATHNESS BY MY FAMILY. AT THE ER THEY TOLD ME TO SIGN THE ASSIGNMENT/CONSENT FOR TREATMENT. I TOLD THEM I DON'T HAVE ANY INSURENSE/MONEY TO PAY THE BILLS CAUSE I'M SELF-EMPLOYED LOW INCOME INDIVIJUAL SURVIVING ON MY SAVINGS FOR RETIREMENT MONEY.
SO I REFUSE TO SIGN MY CONSENT/ASSIGNMENT ON PAPER.THEY TOLD ME DON'T WORRY YOU WILL BE ELIGIBLE FOR CHARITY/MEDICAID HELP IF I BRING MY PROOF OF INCOME. I RELIED ON THEIR WORD SO THEY ADMITTED ME WITHOUT MY SIGNATURE.THEY STARTED WITH BP CHECK, IV AND XRAY.I ASKED WHAT IS WRONG WITH ME.THEY TOLD ME TO WAIT UNTIL DOCTOR SEE ME.THEY KEPT ME WAITING FOR HOURS TILL DOCTOR CAME & TOLD ME THAT I NEED A ANGINA SURGERY AND HAVE TO SIGN A PAPER FOR MY CONSENT FOR TREATMENT/SURGERY.I ASKED THE DOCTOR HOW MUCH IT GONA COST ME.THEY TOLD ME MORE THAN $10000+POSSIBILITY OF DEATH. I REFUSED TO SIGN & DECLINED THE TREATMENT/SURGERY AND REQUESTED TO RELEASE/DISCHARGE ME FROM HOSPITAL, SO I CAN FIND AFFORDABLE, RISKFREE ALTERNATIVE TREATMENT.THEY TOLD ME THAT I HAVE TO SIGN A PAPER FOR DISCHARGE/RELEASE AGAINST MEDICAL ADVISE. I SAID I'M READY TO SIGN. THEY TOLD ME TO WAIT UNTIL THE MAIN DOCTOR COME & RELEASE/DISCHARGE ME.THEY KEPT ME WAITING WHOLE NIGHT.NEXT DAY DOCTOR CAME & REALEASED ME FROM HOSPITAL.
I FOUND AFFORDABLE,RISK FREE/MINIMAL RISK ALTERNATIVE TREATMENT (EECP) WITHOUT ANY SURGERY FROM A PRIVATE DOCTOR, PAID HIM FULL AND GOT WELL. THE PREVIOUS HOSPITAL SEND ME A BILL OF MORE THAN $ 9600 BILL FOR JUST IV, XRAY,BLOOD TEST AND WAINTING FOR DOCTOR TO COME & DISCHARGE ME FROM HOSPITAL EVEN WITHOUT MY CONSENT/ASSIGNMENT SIGNATURE.
I SEND MY PROOF OF LOW INCOME(INCOME TAX COPY) TO THE HOSPITAL AND TOLD THEM THAT I'M NOT ABLE TO PAY THAT BILL WHICH I DIDN'T AGREED TO PAY FOR TREATMENT.I RELIED ON THEIR PROMISE FOR ELIGIBILITY OF HELP FROM HOSPITAL.
LAST MONTH MY BANK ACCOUNTS WERE GARNISHED BY A COLLECTION AGENCY ON BEHALF OF DEFAULT JUDGEMENT OF OVER $ 10000. THEY TOOK ABOUT $7000-8500 MY TOTAL MONEY WHICH INCLUDES MY LAVY EXEMPTED MONEY 6 MONTHS SOCIAL SECURITY MONEY(42 U.S.C,407) , BODILY INJURY AWARD MONEY(RCW 6.15.010(3)(F) FOR MY WIFE/FAMILY,RETIREMENT SAVINS AS A SELF-EMP TO SURVIVE MY DEPENDENT WIFE/FAMILY(RCW 6.32.250 IN CONJUNCTION WITH RCW 6.15.150(2) AND RESTITUTION AWARD MONEY(CRIME VICTIMS COMPONSATION RCW 7.68.070).
I HAVE FILED A EXEMPTION CLAIM IN THE COURT ON TIMELY MANNER AND SERVED A COPY TO OTHER PARTY (CREDITOR'S ATTORNEY). THEY OBJECTED, CAUSE OF BANK STATEMENTS WERE NOT ATTACHED TO THE EXEMPT CLAIM. SO I AMENDED MY EXEMPT CLAIM WITH AFFIDAVITE INCLUDE BANK STATEMENT , FILED IN THE COURT AND SERVED A COPY TO THE OTHER PARTY AND FILED A PROOF OF SERVICE IN THE COURT.
WHILE DOING THIS, I GOT A COPY OF COURT CASE, FILED BY OTHER PARTY AND DIDN'T FOUND MY SIGN ANYWHERE IN THE COURT FILE FOR ASSIGNMENT TO ANYBODY OR WATVED MY RIGHTS TO ANYONE. ALSO NOBODY HAS TESTIFIED PHYSICALY IN THE COURT WHILE FILING THE CASE AGAINST ME, EXEPT THE SERVER WHO TESTIFIED THAT HE PRESENTED AND SERVED/LEFT THE SUMMONS TO SOMEBODY AT MY PROPERTY WHO REFUSED TO GIVE HIS NAME AND SIGN, GIVING DESCRIPTION OF THE PERSON NOT MATCHING TO ME ACCURATELY.(IE MY AGE AND WEIGT, 7YRS OF AGE AND 40 POUNDS OF WEIGT DEFERENCE IN HIS STATEMENT).
THERE WAS NO NOTICE APPEARANCE FILED IN THE COURT CASE FILES. AFTER INVESTIGATION OF THIS, I HAVE ALSO FILED A MOTION FOR ORDER TO SHOW CAUSE RE;VACATE THE CAUSE #XX. AND REQUESTED A RELIEF ON THE GROUNDS OF IMPROPER SERVICE OF PROCESS AND CHECKED (X) THE BASIS 1-CIVIL RULE 60(B)(1),(2)(B)(3),(B)(4) ,(5)(B)(11) AND ANY OTHER RELEVANT LEGAL AUTHORITY. I ALSO REQUESTED TO COURT/JUDGE TO HER MY MOTION TO VACATE THE ORDER BEFORE MY MOTION FOR EXEMPTION CLAIM ON THE SAME DAY WHEN I APEAR IN COURT FOR EXEMPTION HEARING.
MY QUESTION IS HOW STRONG IS MY CASE ? (IE;WHAT ARE THE WINNINIG CHANCES%) I CAN'T AFFORD ATTORNEY (ALL MY MONEY HAVE BEEN GARNISHED). I'M FIGHTING BY SELF/OR WITH KIND & NICE AMERICAN VOLUNTEERS HELP. I NEED MORE HELP TO IMPROVE MY WINNING CHANCES.
ANY SUGGESTION/CORRECTIONS OR THOUGHTS ARE APRECIATED AND MOST WELCOMED
Re: Charged by Hospital for Care Provided Without Signing Consent Form
You presented yourself to the hospital and requested medical care, and you received medical care. They can bill you for that care. It sounds like you were offered charity care upon completion of some documentation and eventual submission of proof of income, but refused to execute the paperwork and insisted upon being discharged AMA such that you neither applied for nor received charity care.
You apparently were granted a hearing on your claim that you weren't served and, after the process server testified, the court found that you had been served. Correct?
We've been through the debt collection issues in your other thread.
Re: Charged by Hospital for Care Provided Without Signing Consent Form
HI MR. KNOWITALL, MARRY XRISMAS HERE ARE THE FACTS ABOUT MY CASE. I PRESENTED MY SELF TO THE HOSPITAL WITH A HEALTH PROBLEM TO TAKE CARE . THE HOSPITAL WANTED TO ENFORCE A CARE/SURGERY PROCEDURE TO FIND/FIX THE HEALTH PROBLEM, WHICH FALL SHORT IN THE DEFINITIONS OF APPROPRIATE HOSPITAL-BASED MEDICAL SERVICES WAC 246-453-010(7), AND WAS RISKY, PAINFUL,EXPENSIVE, DOUBTFUL AND AVOIDABLE TO ME. SO I DECLINED/REFUSED THE OFFERED CARE/SURGERY BY THE HOSPITAL. AND GOT OUT FROM THE HOSPITAL WITH MY HEALTH PROBLEM UNCARED, AGAINST MEDICAL ADVICE. I GO TO OTHER DOCTOR AND FIXED THE HEALTH PROBLEM RISK FREE AND INEXPENSIVE WAY AND PAID HIM FULL. AM I OBLIGATED TO PAY THE HOSPITAL BILLS FOR GOODS/SERVICES, WHICH I WAS NOT AGREED TO RENDER TO ME BY THAT HOSPITAL AS A QUALIFIED INDIGENT PERSON BY STATES POVERTY GUIDELINES ?
THE HOSPITAL FAILED TO FOLLOW THE LAW (SEE; WAC 246-453-030 (1)(2)(C), WAC 246-453-040 (1), RCW 70.170.060 (5), AND ALSO FAILED TO PROVIDE ME ASSISTANCE TO FILE A CHARITY HELP APPLICATION WHICH REQUIRE ONLY ONE PROOF OF INCOME (RECENT TAX RETURN) AS A QUALIFIED INDIGENT PERSON AT THE ER IN THE BEGINNING AS I INFORMED THEM VERBALLY AND PROVIDED MY RECENT 1040 TAX PAPERS PROVING MY ELIGIBILITY AS A INDIGENT PERSON FALLING UNDER ONE HUNDRED PERCENT INCOME OF STATES POVERTY GUIDELINES. INSTEAD THEY FORCED ME TO FILE MEDICAID HELP APPLICATION AT RCA WHICH REQUIRES MORE DOCUMENTS (i.e. bank statements) TO PROVE ELIGIBILITY FOR HELP. AND PROHIBITED/ MISGUIDED ME FOR NOT FILING CHARITY HELP APPLICATION AT THEIR OFFICE BY NOT FOLLOWING/AND OR VIOLATING/IGNORING/HIDING THE LAW WAC 246-453-020 (1)(b)(c),(2),(4), (5). THE HOSPITAL HAS VIOLATED MY RIGHT TO FILE A CHARITY CARE HELP APPLICATION AS A QUALIFIED INDIGENT PERSON BY NOT ASSISTING ME, OR MISGUIDING ME AT THE BEGINNING
Re: Charged by Hospital for Care Provided Without Signing Consent Form
Quote:
. AM I OBLIGATED TO PAY THE HOSPITAL BILLS FOR GOODS/SERVICES, WHICH I WAS NOT AGREED TO RENDER TO ME BY THAT HOSPITAL AS A QUALIFIED INDIGENT PERSON BY STATES POVERTY GUIDELINES
If you fall within those guidelines, there is typically assistance available for you. If you fail to seek that assistance, you are wholly liable for whatever bill you incurred. If you didn't want a bill, don't go to the hospital. It's really a pretty simple principle.
I think you need to read the laws you are citing a bit better. You are wrong in your interpretation in several points I looked at.
and if you believe you are right, simply send the hospital a letter with your references supporting your claim and let it go. Then, if you get sued, you can bring your argument to court. If you are correct, you win. If not, you will have a judgment against you.
and please, get rid of the caps. It makes it hard to read.
Re: Charged by Hospital for Care Provided Without Signing Consent Form
Hi Mr JK, Marry Xrismas and happy new year 2011 inadvance.
i agree with you that i need to read more about the law, since last month when my bank accounts has been garnished, i'm doing the same reading about the law to fight unjustified actions taken by some greedy individuals/businesses/corporation/hospitals and lowyers who don't have any mercy on indigent persons,and have created a system to beat the law. i also agree that i am not a good interperator of the law, because i'm only a cab driver who have not finished the high school becouse of financial situation immigrated to us to follow my dreams. i worked hard here for 25 years as a self emp.and saved some money for my retirement to survive in old age.but that greedy system had took all my social security and retirement money in one night visit to hospital.that system had deprived me from my legal rights for help by missguiding me or not assisting me properly. i'm fighting with this big(elephant) system as small(ant) individual reling on the support of god and good smaritan volanteirs of us. help me if you can. thank you
your honest and experieced advice if i don't wana see the bills i should not go to hospital. i see it this way,for example have some problem in the car,take to the shop to find the problem and fix it and get the estimate and desides to go to some other shop to fix the problem affordable and safest way,and later see the shocking bill from preveous shop which is 10 time more than the shop who has fixed the car.
any way i'm sending my amended statement with facts( sorrry for apps.i have prepared i for court)
HERE ARE THE FACTS ABOUT MY CASE. I PRESENTED MY SELF TO THE HOSPITAL WITH A HEALTH PROBLEM TO TAKE CARE . THE HOSPITAL WANTED TO ENFORCE A CARE/SURGERY PROCEDURE TO FIND/FIX THE HEALTH PROBLEM, WHICH FALL SHORT IN THE DEFINITIONS OF APPROPRIATE HOSPITAL-BASED MEDICAL SERVICES WAC 246-453-010(7), AND WAS RISKY, PAINFUL,EXPENSIVE, DOUBTFUL AND AVOIDABLE TO ME. SO I DECLINED/REFUSED THE OFFERED CARE/SURGERY BY THE HOSPITAL. AND GOT OUT FROM THE HOSPITAL WITH MY HEALTH PROBLEM UNCARED, AGAINST MEDICAL ADVICE. I GO TO OTHER DOCTOR DAVID BUSCHER MD IN REDMOND WA AND FIXED THE HEALTH PROBLEM RISK FREE AND INEXPENSIVE WAY AND PAID HIM FULL. THANKS TO DR BUSCHER FOR TREATING ME ON A MINIMAL/ REDUCED CHARGES AS I TOLD HIM THAT I AM INDIGENT PERSON SURVIVING ON MY FAMILY'S RETIREMENT MONEY. AM I OBLIGATED TO PAY THE HOSPITAL BILLS FOR GOODS/SERVICES, WHICH I WAS NOT AGREED TO RENDER TO ME BY THAT HOSPITAL AS A QUALIFIED INDIGENT PERSON BY STATES POVERTY GUIDELINES ?
THE HOSPITAL FAILED TO FOLLOW THE LAW (SEE; WAC 246-453-030 (1)(2)(C), WAC 246-453-040 (1), RCW 70.170.060 (5), AND ALSO FAILED TO PROVIDE ME ASSISTANCE TO FILE A CHARITY CARE APPLICATION WHICH REQUIRE ONLY ONE OUT OF FOUR PROOF OF INCOME (RECENT TAX RETURN IS ONE OF THEM) AS A QUALIFIED INDIGENT PERSON AT THE ER IN THE BEGINNING AS I INFORMED THEM VERBALLY AND PROVIDED MY RECENT 1040 TAX PAPERS PROVING MY ELIGIBILITY AS A INDIGENT PERSON FALLING UNDER ONE HUNDRED PERCENT INCOME OF STATES POVERTY GUIDELINES. INSTEAD THEY FORCED ME TO FILE MEDICAID HELP APPLICATION AT RCA WHICH REQUIRES MORE DOCUMENTS (ire. bank statements) TO PROVE ELIGIBILITY FOR HELP. AND PROHIBITED/ MISGUIDED ME FOR NOT FILING CHARITY HELP APPLICATION AT THEIR OFFICE BY NOT FOLLOWING/AND OR VIOLATING/IGNORING/HIDING THE LAW WAC 246-453-020 (1)(b)(c),(2),(4), (5). THE HOSPITAL HAS VIOLATED MY RIGHT TO FILE A CHARITY CARE HELP APPLICATION AS A QUALIFIED INDIGENT PERSON BY NOT ASSISTING ME, OR MISGUIDING ME AT THE BEGINNING.
BASIS/GROUNDS FOR DENIAL OF MY MEDICAID APPLICATION WAS, FAILURE TO RETURN REQUESTED VERIFICATIONS. STILL I WAS QUALIFIED INDIGENT PERSON AS I HAVE ALREADY PROVIDED THEM REQUIRED ONE OUT FOUR DOCUMENTS, MY INCOME TAX RETURN AS REQUIRED BY WAC 246-453-030 (1)(2)(c)(5)
THE HOSPITAL ASKED ABOUT MY FINANCIAL RESOURCES (BANK STATEMENTS ETC) WHICH I TOLD THEM THAT ARE NOT READILY AVAILABLE. THE FUNDS IN MY BANKS ARE MY BIG FAMILY'S (MY DEPENDENT WIFE AND SEVEN CHILDREN'S) MONEY, DEPOSITED FOR THEIR SECURITY FOR THEIR FUTURE/RETIREMENT FUNDS ,WHICH INCLUDES MY SOCIAL SECURITY MONEY,BODILY INJURY AWARD FUNDS,RESTITUTION AWARD MY AND SURVIVAL MONEY. I AM OBLIGATED TO GIVE BACK THAT MONEY TO MY CHILDREN AS THEY ARE MARRIED AND HAD THEIR OWN FAMILY TO SUPPORT. SEE EXHIBITS__________________________________________ ___________________
I WAS NOT ABLE TO PROVIDE THAT INFORMATION TO THE HOSPITAL BECAUSE I DID NOT KNOW THAT HOW MUCH MONEY I WAS OBLIGATED TO GIVE BACK TO MY CHILDREN AND HOW MUCH MONEY WILL BE LEFT OVER TO SURVIVE AND TO PAY MY BILLS. THAT WAS VERY HARD FOR ME AT THAT TIME WHEN I WAS SUFFERING FROM BAD ILLNESS AND GOING FOR TREATMENT 60 MILES AWAY FROM MY HOME TO DR BUSCHER'S OFFICE IN REDMOND WA EVERYDAY. MY CHILDREN AND MY SELF GOT WORRY AS HOSPITAL TOLD US THAT MY LIFE IS AT RISK OF DEATH I WAS EAGER TO PAY BACK THEIR MONEY SO THEY WILL NOT SUFFER HARDSHIP TO GET THEIR MONEY BACK FROM MY BANK AFTER MY DEATH, I RATHER SUFFER MY SELF. THE HOSPITAL REQUIRED ME TO PROVIDE BANK STATEMENTS WHICH WAS VERY HARD FOR ME TO PROVIDE BECAUSE SOME OF MY CHILDREN WERE OUT OF COUNTRY/STATE AT THAT TIME. SO I WAS NOT ABLE TO DETERMINE MY OBLIGATIONS TO MY FAMILY.
THE SERVER WHO SERVED THE SUMMONS /PAPERS AT MY ADOBE/DOOR TESTIFIED THAT HE SERVED THE PAPERS TO RIGHT PERSON BUT FAILED TO PROVIDE ANY EVIDENCE IN SUPPORT OF HIS DECLARATION TESTIMONY HE DID NOT MENTIONED EVEN DEFENDANT'S REAL NAME IN HIS TESTIMONY SAYING "QUOTE""PRESENTING TO AND LEAVING THE SAME WITH JOHN DOE RESIDENT, WHO REFUSED TO GIVE HIS NAME, A MIDDLE EASTERN MALE APPROX.45-55 YEARS OF AGE 5'.8"-5'-5'.10" IN HEIGHT WEIGHING 200-220 LBS GRAY HAIR AND BEARD, AS DIRECTED . MY PHYSICAL DESCRIPTION DOES NOT MATCH TO HIS TESTIMONY DESCRIPTIONS. I AM SE ASIAN MALE SIKH/HINDU MALE FROM INDIA, 62 YEARS OF AGE 5' 07" IN HEIGHT 160-168 LBS IN WEIGHT WEARING TURBAN AND VERY LONG BEARD. SEE EXHIBIT________ MY WA STATE DRIVER LICENSE/ID.HE WAS DIRECTED TO CONTACT A PERSON WITH DIFFERENT DESCRIPTIONS FROM MINE
I DO NOT RECALL ANY UNKNOWN PERSONAL HAD DELIVERED OR LEFT ANY DOCUMENTS AT MY ADOBE/DOOR ON THE DATE AND THERE AFTER WITH IN 10 DAYS. BELONGS TO THE CASE# FILED BY PLAINTIFF, AS SERVER HAS CLAIMED IN HIS TESTIMONY STATING THAT HE HAS LEFT THE DOCUMENTS AT MY ADOBE WITH SUITABLE AGE AND DESCRIPTIONS OF PERSON OF INTEREST. HIS TESTIMONY IS NULL AND VOID ACCORDING TO THE C R 4] (d) service(1)(2) and (g)RETURN SERVICE (4)(5) IN CONJUNCTION WITH RCW 4.28.080 (15)(16). NO BODY HAS VERIFIED SERVER'S TESTIMONY UNDER THE OATH OR NOTARY. THEREFORE SERVICE IS INVALID, NULL AND VOID.
YOU'RE HONOR, DEFENDANT HUMBLY REQUEST A RELIEF, TO VACATE THE JUDGMENT/GARNISHMENT ORDER AND RELEASE MY EXEMPTED BANK FUNDS BACK TO ME ON THE GROUNDS OF ANY/ OR ALL OF THE OF THE ABOVE MENTIONED FACTS PRESENTED BY ME IN THE FORM OF AFFIDAVIT/ MOTION OR ANY OTHER LEGAL TERMS AS I AM NOT A ATTORNEY/ OR LEGAL EXPERT IN THE FIELD OF LAW.
THANK YOU VERY MUCH.