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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Question Collections by Er with No Consent to Perform

    My question involves collection proceedings in the State of: California

    I was in a minor car accident last year that resulted in a cut on my forehead, I was arrested for DUI and then transported to the local hospital. When I arrived the Nurse advised me they recommended a CT scan and other tests. My wife was with me and I declined to consent to any tests, they asked my wife and she also stated she did not agree to any testing. I did not sign any consent forms and they left me alone on the bed and told the police officer they would observe me but could not do anything. About 15 minutes later someone comes to draw blood and I advise them I do not want my blood drawn and did not consent to anything. Another 20 minutes pass and the officer told the nurse to draw my blood. I did not resist blood being drawn due to the situation I but did tell the nurse as she was drawing blood I did not consent. The Dr then came over and started checking me out and they ended doing a CT scan all of this with the Nurses signature on my consent form. I found this out after I was contacted by the hospital for a 4,000.00+ bill. I requested the authorization and they faxed me paperwork with the nurses signature. I called the hospital and explained the situation and they said they would have someone call me back. I recently saw my credit report and see the account was sent to collections.
    Do I have any recourse and removing this?

    Thank you in advance for any suggestions.

    Sam

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Collections by Er with No Consent to Perform

    Quote Quoting Sam_11
    View Post
    My question involves collection proceedings in the State of: California
    The Dr then came over and started checking me out and they ended doing a CT scan all of this with the Nurses signature on my consent form. I found this out after I was contacted by the hospital for a 4,000.00+ bill.
    How did the hospital happen to do a CT scan without your consent? They may have done it without your written consent, but if you really didn’t want to have the CT scan done, why did you hop into the CT machine and allow them to do the scans?

    Certainly the lack of written consent will be a problem for the hospital. But if it can make the case that you consented to the scan at the time it was done the hospital might still succeed in getting a judgment against you if it sues you. A lot will depend on exactly what evidence is presented in court on that.

    As for the credit report, you have the right to contest the credit entry with the credit bureau under the federal Fair Credit Reporting Act (FCRA). But that does not guarantee that the report will be removed. The credit bureau will contact the hospital for verification of the debt. If the hospital says the debt is good then chances are the credit bureau won’t remove it. You could then contest the matter in court if you want, though that could cost you more than $4,000 that is at issue here.

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