QUESTION
Could I sue a hospital if they have overcharged me by mistake?
Asked on Aug 06th, 2015 on Personal Injury - Alabama
More details to this question:
I went to the hospital for a routine physical and blood test. In making my medical notes, the doctor made a mistake which led to me being charged several hundreds of dollars that I do not owe. I have tried to discuss the situation with the hospital and they have admitted their mistake, but will not correct the charges. Is it legal for them to charge me for services I did not receive? Can/should I sue the hospital?
9 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can sue the hospital, but is it worth it for a few hundred dollars? Perhaps you can invite them to sue you, so you can raise the defense without incurring the court fees for filing a case. Best of all: locate the hospital official with the authority to correct the bill, and have a polite but firm conversation with him or her.
Answered on Aug 07th, 2015 at 11:51 AM
Ronald A. Steinberg
You could sue them.
Answered on Aug 07th, 2015 at 7:12 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is very doubtful that you could recover anything other than a cancellation of the wrongful charges.
Answered on Aug 06th, 2015 at 8:07 PM
You should send a letter to the hospital demanding that it fix the mistake and not do anything to harm your credit. You could sue for declaratory relief (meaning you ask the court to declare your rights), but it would cost more than you are arguing about.
Answered on Aug 06th, 2015 at 7:53 PM
Lisa Hurtado McDonnell
You can not sue them for the mistake, but if they sue you, you can counter claim that the extra charge was due their mistake. They will have the burden of proving that they did not make a mistake or overcharge you.
Answered on Aug 06th, 2015 at 4:20 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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At this point, there are no damages the hospital inflicted upon you. So, you have 2 options: to go to the court and ask for a declaratory judgment, or to wait until the hospital will refer your account to a collection agency and damage your credit standing - and then sue to hospital. Both ways, you are likely to spend more money on the legal action than the amount of the overcharge. The third option is to ask an attorney to interfere for you - it will cost you less and is quite effective in most cases. In any case, do not rely on telephone conversations: send the hospital a letter stating your protest against the wrong charges and your request to cease the billing; keep a copy, with a noted date of mailing. If they do not stop, send another letter by certified mail, mentioning that it was necessary because your first letter was ignored.
Answered on Aug 06th, 2015 at 4:17 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. Go to the Small Claims Court clerk in your county and get the forms to file a lawsuit against the hospital. Pay your fees, serve the hospital using a process service company, and let the court decide.
Answered on Aug 06th, 2015 at 3:51 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If it's just a charge they are carrying on their books and don't intend to collect, the no harm, no foul. But: you can't depend on that. If they try to collect, or send a bad report to a credit bureau, then you can make a claim against them. So I recommend doing two things: 1) Write a letter certified return receipt to the CFO of the hospital and specify all the information and their admission. No accusations or threats, just list the facts. 2) Do a 'net search to find a law firm that makes a point of taking on cases under the Fair Debt Collection Practices Act (FDCPA) and if the hospital goes ahead, you'll have someone on your side to back you up.
Answered on Aug 06th, 2015 at 2:16 PM
James Eugene Hasser
Presuming you have medical insurance, tell your insurance company. I would only pay what you owe and get them to send you something confirming that you don't owe any more, just in case your account gets accidentally turned over to collections.
Answered on Aug 06th, 2015 at 1:30 PM