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  1. #1
    Join Date
    Sep 2011
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    2

    Default Am I Liable for a Medical Debt from when I Was a Minor; California

    My question involves collection proceedings in the State of: California

    There are many other questions similar to this on this thread but mine differs in what I think is an important way.

    I was in a car accident when I was a minor (17) - I was not at fault. At the time my parents were divorced and I was on my father's auto insurance as well as his medical insurance from his employer. The auto insurance people told me to go to the doctor to check out a possible back injury from the accident, and with their advice I decided to go. I did not have either parent with me, nor do I recall telling them that I was going. I recall there was a paper I had to sign upon getting my check up, and I signed it myself. My parents never signed anything.

    The auto insurance company did not really ask about my medical results, and sent someone out to look at my car to assess damages. They wrote up a report of how much each thing on my car would cost to fix and then wrote me a check for my auto repairs only - medical was not mentioned. I assumed (as I did not know how car insurance worked) that the person at fault's insurance paid for the medical exam I had been asked to take.

    Fast forward into the future (slightly) - I am now 19 years old and am being called by a collection agency regarding the medical debt from these back X-Rays which I never realized I owed.

    I had learned in a law class some time ago that in California, a contract signed by a minor is not valid. Is that true? Am I actually liable for this debt? Could they go after my parents even though they never signed a thing?

    Thanks for reading.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Am I Liable for a Medical Debt from when I Was a Minor; California

    I had learned in a law class some time ago that in California, a contract signed by a minor is not valid. Is that true?
    Not in all circumstances.

    but anyway, your parents were liable for your medical care as a minor. Dad or mom needs to pony up the money and pay the bill.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Am I Liable for a Medical Debt from when I Was a Minor; California

    You can try arguing to the medical clinic that, as a minor presenting for something other than emergency care, they should have obtained parental consent before providing that care. American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307, 315, 66 Cal. Rptr.2d 210, 940 P.2d 797. But in terms of disaffirming a contract,
    Quote Quoting California Family Code, Sec. 6710.
    Except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards or, in case of the minor's death within that period, by the minor's heirs or personal representative.
    Also, when a contract is voidable, the act of voiding the contract necessitates placing the parties in something approximating their original position - a minor can't eat lunch at a restaurant and refuse to pay because he ate the meal.

  4. #4
    Join Date
    Feb 2010
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    CT & IL
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    5,273

    Default Re: Am I Liable for a Medical Debt from when I Was a Minor; California

    Minors generally cannot enter into binding contract BUT for life necessities this is not the case. It may depend on the actual medical treatment you received....with the facts stated it is likely the contract is valid; who pays is the question.

  5. #5
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Am I Liable for a Medical Debt from when I Was a Minor; California

    Wow, thanks guys for the quick reply. That makes sense, while its sort of unfortunate. However, I understand that a medical center needs to be able to collect payment for services rendered as they are a business after all.


    Thanks again.
    Jmacc

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