QUESTION
Can my husband be denied treatment due to my bankruptcy?
Asked on Sep 11th, 2011 on Bankruptcy - Virginia
More details to this question:
Can a doctor refuse treatment to my spouse because I filed bankruptcy and doctor and facility is in my petition? The spouse medicare insurance had already approved procedure and he called to set up appointment. He was told the doctor doesn't participate, but he does, then said because I (wife) filed bankruptcy they won't treat husband.
7 ANSWERS
judith runyon
Yes, if the doctor isn't going to get paid, why would he do the work?
Answered on Jun 25th, 2013 at 1:23 AM
Glen Edward Ashman
Yes. You'll need a new doctor.
Answered on Jun 25th, 2013 at 1:17 AM
A doctor can choose who he wants to treat and who he does not want to treat so long as it is not based on a protected category of class (race, religion, sex, disability).
Answered on Sep 13th, 2011 at 2:53 PM
Daniel James Wilson
From a bankruptcy treatise: "In summary, there is no completely satisfactory answer to questions about future health care because a doctor has no legally enforceable obligation to provide care to a debtor who has discharged prior medical debts." The doctor is under no obligation to treat you. That said, I would pursue this with the medical facility administration. Medicare has approved the procedure so presumably the doctor will get paid.
Answered on Sep 13th, 2011 at 12:27 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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A professional such as a doctor, dentist or accountant can discriminate on account of bankruptcy. They can refuse to take your case for that reason and even if they are allowed to help you they can choose to not do it.
Answered on Sep 13th, 2011 at 6:42 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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As an American he is free to choose who he treats. That does not mean that he is free to not choose you if he wishes to continue to participate in Medicare.
Answered on Sep 12th, 2011 at 3:28 PM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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That sounds unrealistic to me. They probably feel burned if you owed them money, but if it's his money and his insurance, it shouldn't matter. On the other hand, if you could force them to do it, would he feel comfortable about getting their best care?
Answered on Sep 12th, 2011 at 3:28 PM