law help: Who gets sued over an unpaid doctor bill? - Help.com

saitokonek
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Who gets sued over an unpaid doctor bill?

Someone I know who is still a minor is having a doctor bill forwarded to him because the people in charge of him - who made him go to the doctor in the first place - refuse to pay it. If he’s still a minor, will he really be held liable? The people in charge were the ones who signed the paperwork before he went to see the doctor. Last I knew, those forms include spaces where an adult must sign, taking responsibility for payment. Is this not legal and binding? I hope something can be done to protect the child from these people who suddenly refuse to pay the bill…There’s no way he can do it, and I don’t think he should have to.

Would anyone happen to know whose side the law is on in a situation like this?

This open post was written 10 months ago | V/U/S: 631, 9, 5 | Edit Post | Leave a reply | Report Post


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Diggs McGee offline Verified User (1 year, 3 months) Long Term User Shouts: 2 #
An Unknown Location | 10 months ago (5 minutes after post)

It depends on the conditions of the persons admittance to the hospital as well as the age of this person and their financial status.

If this person is financially stable, holds a job, makes money, etc. and they can afford to pay for the bill, a judge might hold the person to it.

However, if parental consent (or the consent of a legal guardian) was needed in order for that person to be admitted to the hospital, then they probably hold some responsibility for paying for the bills that were incured. Or else, they would not have had to sign anything.

*I AM NOT A LAWYER* so don’t cite me. But I’m pretty sure these guardians are responsible for paying these doctor bills, whether they want to or not. No hospital will sue a minor.

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saitokonek offline Verified User (1 year) Long Term User Shouts: 1 #
An Unknown Location | 10 months ago (9 minutes after post)

I really hope you’re right, Davy, and thank you. It’s a terrible situation and I want to reassure him as much as I can. He’s young yet, doesn’t have his driver’s license and isn’t quite old enough to get a job yet. There’s no way he could pay this bill. The people who are doing this seem to be doing it out of sheer spite.

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Diggs McGee offline Verified User (1 year, 3 months) Long Term User Shouts: 2 #
An Unknown Location | 10 months ago (15 minutes after post)

well, I sure hope that there aren’t any hospitals or judges who would force a kid to pay such a bill. If so, I’ll see you in Canada.

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littlenick offline Verified User (1 year, 8 months) Long Term User Shouts: 159 #
An Undisclosed Location | 10 months ago (16 minutes after post)

No minors are held liable for any contracts even if the people in charge of the minor signed it. The people in charge of the minor are responsible for the bill.

No person under the age of 18 is responsible or knowledgeable enough to enter into any type of contract. Period. That’s the law. And, even if the minor had entered into a contract with the doctor, the contract would be null and void by the mere fact that the person signing it was a minor. Period.

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littlenick offline Verified User (1 year, 8 months) Long Term User Shouts: 159 #
An Undisclosed Location | 10 months ago (20 minutes after post)

Here. Straight from the horse’s mouth.

Contract Law

Most people in our society are involved in contractual agreements of some kind. In most, if not all, aspects of law contracts can be found. Contracts are involved in family law, corporate law, employment law, litigation and real estate.

Elements of a Contract
A contract is an agreement reached after sufficient consideration to do, or refrain from doing, some legal action. A contract is considered valid when two or more parties with capacity make an agreement involving valid consideration to do or to refrain from doing some lawful act. If these elements exist, the contract is valid. If one or more or these necessary elements is missing, the contract is void or voidable. In other words, it is not a true contract and therefore cannot be enforced.

A void contract is no contract at all. It is not binding and no action can be maintained if it is breached. A disaffirmance is not necessary to avoid a void contract.

If a contract can be rejected by one of the perties on legal grounds, it is called a voidable contract. A voidable contract is valid and binding unless the entitled party (the party wha has legal grounds to reject the contract) voids it. A defect exists. The defect may be cured by ratification of the entitled party.
The three basic components of a contract are the offer, the consideration and the acceptance. The following are six elements that are to help to determine whether or not the basic components ar present and meet legal criteria for a valid contract:

1. All parties must have capacity to enter the contract.

2. An offer must be made.

3. Consideration must be exchanged.

4. The parties must be in mutual agreement.

5. The contract’s object and purpose must be legal.

6. The form of the contract must meet the legal requirements.

Capacity to Contract
The ability to know and understand the terms of contract is known as capacity. For a contract to be valid, all parties must have capacity. Corporations and most adults have capacity. Minors, mentally incompetent persons and those who are intoxicated do not have capacity.

Most states consider persons under the age of 18 to be minors. Minors lack capacity to enter into a contract. If they do enter into a contract, the contract is generally considered voidable. They have the right to cancel the contract at any time before reaching the age of 18. If, however, a minor cancels the contract, the benefits that he or she received must be returned.

If a person is so mentally incompetent that he or she fails to understand that a contract is being made and further does not understand the terms of the contract, that person is said to lack capacity to enter into a contract. If such a person enters into a contract, the contract may be deemed voidable or possibly void.

In the same way, if persons are so intoxicate that they cannot understand that they’re entering into a contract, and are so impaired that they fail to understand the terms, they too lack capacity. These contracts can also be considered voidable or void.

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saitokonek offline Verified User (1 year) Long Term User Shouts: 1 #
An Unknown Location | 10 months ago (1 hour, 7 minutes after post)

Davy and Little Nick, I really appreciate your help - thank you! I will tell him! ^^

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Diggs McGee offline Verified User (1 year, 3 months) Long Term User Shouts: 2 #
An Unknown Location | 10 months ago (1 hour, 8 minutes after post)

no prob

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aivilo offline Unverified User #
An Unknown Location | 3 months ago (6 months, 3 weeks after post)

i am in a situation where my husband was sent billis form the hospital. He signed the guarantee and simply did not pay them. the attorney caught up with me on the telephone one day and decided to place my name of the subsequent litigation. Can they get away with this? How should i approach this when i go to court?

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