Ask Me Help Desk - Signed under duress?

Signed under duress?

I sought medical attention for my then 11 year old son when we thought he may have swine flu. The neighbor boy was diagnosed a couple of days earlier, and my wife had just given birth to our daughter. I signed the papers at the emergency room without reading them, the hospital "treated" him very poorly and sent my insurance and us a bill for an exorbitant sum. All but $300 was paid. More than what was fair. I am now scheduled for bench trial in June. Does this situation put me in the legal "Under Duress" category when I signed the papers? I sure felt duressed.

Did you attempt to read them and were prevented or pressured to sign without reading?

What is the trial for? If the hospital overcharged, why are you at fault?

Quote:

Originally Posted by Flynryan

Does this situation put me in the legal "Under Duress" category when I signed the papers? I sure felt duressed.

Hello F:

Nahhh... The court thinks under duress is when they're holding a gun to your head... I'd settle BEFORE you get to court or it'll cost you a lot more.

excon

I agree, the hospital did nothing to put you under duress. Settle up and avoid additional court costs.

You have ( or at least had) an opportunity to discuss or even challenge charges as being needed, or normal.
And if you take your child to an ER for a illness not an emergency you can expect to pay several hundred dollars.
Thus the reason most insurance companies have those deductables to keep you from doing this and normally recommend a urgent care facility instead where deductables are normally less.

Then after you got the bill, 300 dollars you have many options. 1. ask them for a lesser amount, I have not paid full price on doctors and hospitals in years. I would have waited a month, then explained how I could not afford it, and offered 200 or something. Or if you are poor and can't afford it at all, they have papers for you to fill out showing you can't afford it and they write off part if not all of it.

Next no this is not duress by any legal since of the word. And you should have known your insurance policies deductable for hospitals, and knew you were going to have to pay the 300 dollars.

What I can't believe is you allowed it to go to court, and did not just pay it, or work out payment plans,

Come on, so you did not read what you signed, ( who does at a hospital ER) you knew you were going to have to pay money that was not covered by insurance,

The total bill was for About $1300. The nurse and doctor did nothing to test for or treat swine flu. We sat in an ER room for nearly 2 hours (not counting the waiting room) with the TV stuck on "Marijuana Cultivation". The guy at the triage desk had more useful information than what we got from the providers. I talked to the hospital on the phone about the excessive charges but they wouldn't budge. What happens if I end up with a judgment against me and I refuse to pay it?

Quote:

Originally Posted by Flynryan

What happens if I end up with a judgment against me and I refuse to pay it?

Hello again, F:

They'll seize your bank accounts and garnish your wages.

Look. Nobody is saying the services you received were worth it. But, you DID receive them. It's like not paying for your burger AFTER you ate it.

excon

Have you not been to a ER in this decade ? 1300 is a asprin or a bandage. And not the place one goes for a cold, flu or minor illness. They are not even equipped to handle most of this, a broke leg, a gun shot would, major cuts is what you use a ER for.

But you used the service, no one asked you to go into the hospital. So you owe it.

If you don't pay, and pay before court, you will owe not only the 300 but legal fees, court fees and more So expect that 300 to be about 1000 when they get done in court.

Then if you don't pay, they merely hold it out of your pay check by taking about 25 percent of your pay, take any money you have in a checking or savings account.