Results 1 to 8 of 8

Hybrid View

  1. #1
    Join Date
    Apr 2009
    Posts
    4

    Default Responsibility for Spouse's Medical Bills

    My question involves collection proceedings in the State of: New York

    Hi all,

    My wife has metastasized cancer. The insurance is under her own name (I have my own). The bills are piling up faster than the hospital can throw her into a MRI machine.

    I plan on making an attempt to pay all bills received from her treatment. Two part question here:

    - Will making small payments keep the wolves away (can't lose our house)? In other words $20 here $60 there...

    - What I am legally liable for?

    Thanks in advance,

    Dave

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Help

    Are you saying these are bills the ins. co. would not cover/pay for?

  3. #3
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Help

    Quote Quoting Betty3
    View Post
    Are you saying these are bills the ins. co. would not cover/pay for?
    Yes sorry...insurance is covering quite a bit however we are sent a bill for the rest.

    DC

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Help

    The full amount is owed/due that insurance would not pay. Your wife (or you) can contact the hosp. & see if they will accept a payment plan.

  5. #5
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Help

    So then in New York state, if my wife passes to a better place they can come after me for the full amount? Garnish my wages, force me to lose our house, etc.. I would like to know the specific law.

    DC

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Help

    I understand New York to apply the "doctrine of necessities" to hold one spouse responsible for the other spouse's necessary medical care when she cannot pay for her care from her own separate resources and the extension of care was predicated upon the other spouse's credit; but even if that's the case you can attempt to defend against or reduce the claim based upon hardship or inability to pay.
    Quote Quoting Promenade Nursing Home, Inc v. Lacey, 814 N.Y.S.2d 564, 10 Misc. 3d 1066A (2005)
    A cause of action for medical necessaries, however, is only viable if the primary debtor... is unable to satisfy the debt out of his own resources. (See Gilberg v Lennon, 212 A.D.2d 662, 622 N.Y.S.2d 962 [1st Dept 1995]; Medical Bus Assocs v Steiner, 183 A.D.2d 86, 588 N.Y.S.2d 890 [2d Dept 1992].) In addition, the doctrine of necessaries requires a showing that the necessaries were furnished based on the credit of the spouse and a showing that the amounts alleged to be owed are commensurate with the spouse's means. (See Our Lady of Lourdes Memorial Hospital, Inc. v Frey, 152 A.D.2d 73, 548 N.Y.S.2d 109 [3rd Dept 1989].)

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Surviving Spouse's Responsibility for Medical Bills
    By Dale G. in forum Debts and Collections
    Replies: 1
    Last Post: 12-30-2010, 05:02 PM
  2. Debt Collectors: Responsibility for a Deceased Spouse's Medical Bills
    By Jeanine82009 in forum Debts and Collections
    Replies: 1
    Last Post: 09-18-2009, 04:00 PM
  3. Debt Collectors: Medical Bills Responsibility of Surviving Spouse
    By legaleagle13 in forum Debts and Collections
    Replies: 1
    Last Post: 03-18-2009, 02:05 AM
  4. Debt Collectors: Florida spouse's responsibility for medical bills
    By feichangduwen in forum Debts and Collections
    Replies: 3
    Last Post: 11-07-2006, 03:39 AM
  5. Debt Collectors: Surviving spouse's responsibility for medical bills
    By december4 in forum Debts and Collections
    Replies: 4
    Last Post: 10-15-2006, 05:33 PM
 
 
Sponsored Links

Legal Help, Information and Resources