Need Help with Medical Lawsuit against me
I got food poising from a fast food resturant. I got extremly ill, was puking my guts out, I almost passed out. So I went to the hospital not knowing what was going on with my body and afraid I would not be able to call anybody for help. I told the doctors and nurses that I was Autistic and that didn't understand any of the paper work they were throwing in my face and making me sign. They acknoweldged that I was Autistic, repeated to me, but didn't do anything about it.
The gave me like $2000 in medical treatment it turned out I didn't need. Nobody told me what the costs were, nobody tried to assist me or explain anything to me.
Now, months later, I got a summons sueing me for not paying the $2,000 plus legal fees and interest, saying that I agreed to pay for all this.
Isn't there something that I can do? Don't they have to provide me with someone that can explain all this before I signed anything? I never got anything, and I certainly wouldn't have agreed to any medical help that was not needed, and certainly not to that amount.
Aren't they required, when I told them I was Autistic and needed help, to provide that for me rather than getting me to sign papers agreeing to medical procedures I didn't need? Isn't this kind of coy and dishonest to do this?
What should I do? I your help here.
Best Regards,
Idaho Aspie
Nobody is required to help you understand paperwork autistic, blind, deaf or otherwise. You should have not signed the paperwork and told them you needed them to contact a guardian. Legally they would have had to provide you care even if you had not signed the paperwork.
I suggest you go to a legal aid office to see if you can get a free or reduced price attorney. Legally you are required to pay that bill if you didn't have insurance or Medicare to cover it. The restaurant is not legally required to cover your bill unless you get an attorney and they lose the lawsuit.
The best you can do is go to legal aid office or else work out a payment plan with the hospital even if its just a few dollars a month. If they are a not for profit hospital sometimes they will right off bills if you can prove you can't pay.
My question to you is why are you asking this on a board made up mostly of children? You should be going to family members with this problem to ask for their advice and help if you are that autistic.
when intoxication happens you have to inform the restaurant right away, so they can file a report and send you to a hospital.
Well, I did later. I didn't know what to do, nobody told me that I should contact the resturant. I did eventually, but they didn't help me either. They send me whole bunch of paper work that I could not fill out. They wanted me to consent to release all my medical information, even that not related to the incident, which means they would know I was Autistic and could use that against me. If they made it easier for me to fill out the paper work. They don't make it easy to bring it up.
The food posining it turned out was not that serious, or life threatening. The hospital would not even give me a definiative dx, just a list of things it could be and a medication a treated them all.
I suggest you go to a legal aid office to see if you can get a free or reduced price attorney. Legally you are required to pay that bill if you didn't have insurance or Medicare to cover it. The restaurant is not legally required to cover your bill unless you get an attorney and they lose the lawsuit.
The best you can do is go to legal aid office or else work out a payment plan with the hospital even if its just a few dollars a month. If they are a not for profit hospital sometimes they will right off bills if you can prove you can't pay.
My question to you is why are you asking this on a board made up mostly of children? You should be going to family members with this problem to ask for their advice and help if you are that autistic.
"Nobody is required to help you understand paperwork autistic, blind, deaf or otherwise. You should have not signed the paperwork and told them you needed them to contact a guardian. Legally they would have had to provide you care even if you had not signed the paperwork. "
I didn't know that. Nobody explained that to me. I would think there would be something in place to prevent people from saying something. I signed only what I had to get treatment. Remember, I was also in extreme pain at the time, it isn't just Autism. If they charged me something for $2,000,000 I would have signed it too, because I had no idea what was what at the time I was afraid.
I don't think this board is mostly children. I don't have anyone in my family that is willing and qualified to help me with this stuff. I don't know how to get social services from the government, and nobody will help me with that.
Do you have Asperger's? If so, that's no excuse. If you had autism, not Asperger's, then maybe so. Honestly, claiming Asperger's is not the best claim to try to get out of paying them. Especially since you signed the paper work. Get a good lawyer or just pay them.
A good cheap way to get help for defense is to contact you local ACLU office and they may be able to determine if your rights have been violated or help you any way they can.
_________________
I hereby accuse the North American empire of being the biggest menace to our planet.
contact your county department of social services. ask them to put you in contact with someone who handles their medicaid program. then explain what has happened. if you have low enough of an income, medicaid may pick up the bill.
if you are over 18, but have been placed in a guardianship by a court, you are probably not liable for the expenses. if you are under 18, they should not have asked you to sign anything or treated you without your guardian's written authorization. as such, it could well be that you are not responsible for the bill.
if you cannot get on medicaid and there is no other government program to help you, ask for a referral to your local legal aid society. a lawyer there may be able to help you.
best of luck!
A good cheap way to get help for defense is to contact you local ACLU office and they may be able to determine if your rights have been violated or help you any way they can.
Autism is Aspergers. I didn't understand that I didn't need medical treatment. I am not able to get health insurance because I have Aspergers. Nobody will touch me.
I don't understand how this stuff works. I know some people do. My brother has Aspergers, but he understand all the tax stuff, legal stuff, ect. I don't.
I am capable of understanding it if someone explains it, but people don't.
if you are over 18, but have been placed in a guardianship by a court, you are probably not liable for the expenses. if you are under 18, they should not have asked you to sign anything or treated you without your guardian's written authorization. as such, it could well be that you are not responsible for the bill.
if you cannot get on medicaid and there is no other government program to help you, ask for a referral to your local legal aid society. a lawyer there may be able to help you.
best of luck!
Thanks,
No, I should have someone help me with my money. I am not any good at it. I cannot spend money correctly. I have been unable to get health insurance. I have tried. I know this sounds really stupid, but I have a really difficult time with mail, and calling people on the phone, and few people will deal with me online. I am not stupid per say, but when it comes to things money, credit, economics, shopping, trusting people, signing contracts, and etc, I am totally lost, and just assume not sign anything.
I know I qualify for things like Medicare or Medicaid. But nobody is willing to help me get it. I cover my Autism so well in person, people don't believe I have a disablity. But negativating all those people to get help is so daunting. And I get frustrated and angry easily, and nobody wants to help me when I get that way.
I will try what you say thought. Thanks.
Idaho Aspie
What people are saying here is that if you are an adult and aren't under anyone else's guardianship, then you are responsible for yourself. If you are unable to understand contracts to access medical care, then perhaps you aren't able to be responsible for yourself.
On the other hand, if you were incapacitated from acute illness and you signed these papers on threat of denial of care, then you may have a case.
Then again, how do you know you received treatment "you didn't need"? Was it testing? or something completely unrelated to the food poisoning?
A good cheap way to get help for defense is to contact you local ACLU office and they may be able to determine if your rights have been violated or help you any way they can.
Honestly, I couldn't afford a lawyer. Get real. If I paid this I would be living on the street. They should told me I didn't need the proceedure and sent me home instead of getting me to consent to something I didn't need and knew I couldn't afford.
When you are screaming in pain, cannot think straight, and someone says, sign this so we can help you, you think about the fact that someone is tryng to take advantage of you, at least I didn't think people would try to do that.
Best,
Idaho Aspie
On the other hand, if you were incapacitated from acute illness and you signed these papers on threat of denial of care, then you may have a case.
Then again, how do you know you received treatment "you didn't need"? Was it testing? or something completely unrelated to the food poisoning?
Well, I found out what I needed was just a stomache ailment that would have passed without treatment. I didn't know that until after they treated me.
Well, I think when it comes to signing contracts, I need someone to explain them to me and what they mean, expecially if I am not well or overwhelmed. Most the time I am OK. But I am indigent. I made about $10 last year. I don't make enough to pay insurance, and I didn't choose to not have insurance. I cannot keep a job long enough to have insurance, and I cannot get the paperwork together or get insurance from a private company on my own.
Doesn't make since, if someone is Autistic, doesn't have insurance, and doesn't need treatment, to be told, you don't need treatment, and this will cost you a lot of money. Isn't that something pretty basic to tell someone? I would think so. Why put someone in dire debt when you don't have to?
wsmac
Veteran

Joined: 31 Aug 2007
Age: 65
Gender: Male
Posts: 2,888
Location: Humboldt County California
Contact the hospital's billing office.
Explain to them what you are saying here.
See what they can do to help.
The E.D. physician might be contract which means your bill for the doctor's services will come from whatever billing agent he/she has signed on with.
From your description here's what I assume you went through...
1. you show up with a complaint and they admit you to the Emergency Department (ED)
2. you sign paperwork that includes:
--- a release form stating that you give the hospital, it's employees and doctors permission to treat you.
--- a form stating you or someone else is responsible for the bill
--- whatever other forms they use at that particular hospital
3. you wait until the nurse can take your vital signs (blood pressure, temp, etc.)
4. you wait until the doctor can examine you and order - meds/I.V./lab tests/x-rays
5. after all that they cannot confirm any specific organism that caused your troubles, but maybe they give you or have given you medication for the pain and nausea.
6. you are discharged with instructions to follow up with your primary care physician
This should be pretty close to what you went through.
For future reference... in the U.S., no one can be denied treatment at an Emergency Room.
Insurance or not, if you present yourself at an emergency room, you must be seen.
This does not mean they will be able to figure out what is wrong with you, but they will try.
They may be able to alleviate your symptoms without knowing what's causing your trouble.
Medicine is not perfect.
It's not a simple.. you hurt here? then it can only be this ____!
If you are indigent you need to talk to the hospital's billing office.
They should be well versed in dealing with folks who cannot pay their bills.
This happens nonstop in our hospitals here in the U.S.
There is help available as was mentioned earlier... medicare, medicaid, etc.
No one here can get you any help with your bill... UNLESS... they are willing to start making phone calls on your behalf until they start dealing with personal information without authorization from you. HIPPA will stop anyone from helping you without legal documentation that you authorize that individual to be your advocate with access to all your personal information or specific bits you state individually.
So.. you need to find someone you have physical contact with to help.
If you feel unable to deal with the people from the hospital, social services, etc, you need to provide another person with written, notarized, legal authority to take care of your paperwork for you.
Face it... you're gonna have to talk to someone, and probably explain things to someone.
Find a way to do it, or just blow off the bill and summons.
If you own anything of value and it is identifiable by the courts, you can find a lien against it or the 'injured' party... the hospital... can sue you for damages and the court will order any valuable possessions not required by you for basic necessities (like a wheelchair for example.. they can't take that from you and sell it to recover goods, also not your primary residence, I believe), to be sold and the money given to the plaintiff.
Or... the hospital will realize they are going to spend more money on taking you to court than what they would ever get back and they write it off as a loss.
The physician's billing outfit will keep contacting you for payment, then probably turn your bill over to a private collection agency.
They will, in turn, start hounding you to pay up. You will also incur extra cost because your bill is overdue.
Some collection agencies try to strong-arm you by making incredible threats of what they can do to you.... take everything you own, send someone to your house to talk to you personally (not suggesting violence but intimidation), etc.
Most of that is just hot air.
More than likely, if you life in Idaho, the collection agency will be based in Florida or some similar place.
As your bill continues to be delinquent, reports will be made to one of several credit bureaus who will attach this information to a record with your name and social security number on it.
If, over the next several years you try to get a loan, credit card, etc., these places will get a copy of that report and see you did not pay your bill. You will most likely be denied any loan or credit card unless you are willing to accept their terms which will include very high down payments, etc.
If all this sounds scary... well.. to some folks it is.. to others it isn't.
This country is rife with people who do not pay their debts and these same people seem to continue to exist.
I see your biggest problem right now as one of voice.
You need to pull yourself together and get a means of voicing your issues to the appropriate party.
As I mentioned above, you need an advocate.
The only way to have one is to go out and find one.
_________________
fides solus
===============
LIBRARIES... Hardware stores for the mind
wsmac
Veteran

Joined: 31 Aug 2007
Age: 65
Gender: Male
Posts: 2,888
Location: Humboldt County California
I forgot to mention that some hospitals (or maybe all of them now) will sometimes cut a deal and accept a lower amount in cash and write off the rest of the bill.
Again, to know this for sure, you need to contact the billing office.
If you do this, also find out if they can help you with any of the other bills coming from outside the hospital (it's unlikely they will though), like the E.R. physician's bill, the x-ray and lab bill (if they are also contract and do not belong to the hospital).
The only other thing I can think of is help from a church.
I have only heard stories of some churches helping people out... I haven't seen it in real life yet.
I do wish you well. It's a tough situation for everyone.
_________________
fides solus
===============
LIBRARIES... Hardware stores for the mind
Explain to them what you are saying here.
See what they can do to help.
The E.D. physician might be contract which means your bill for the doctor's services will come from whatever billing agent he/she has signed on with.
From your description here's what I assume you went through...
1. you show up with a complaint and they admit you to the Emergency Department (ED)
2. you sign paperwork that includes:
--- a release form stating that you give the hospital, it's employees and doctors permission to treat you.
--- a form stating you or someone else is responsible for the bill
--- whatever other forms they use at that particular hospital
3. you wait until the nurse can take your vital signs (blood pressure, temp, etc.)
4. you wait until the doctor can examine you and order - meds/I.V./lab tests/x-rays
5. after all that they cannot confirm any specific organism that caused your troubles, but maybe they give you or have given you medication for the pain and nausea.
6. you are discharged with instructions to follow up with your primary care physician
This should be pretty close to what you went through.
For future reference... in the U.S., no one can be denied treatment at an Emergency Room.
Insurance or not, if you present yourself at an emergency room, you must be seen.
This does not mean they will be able to figure out what is wrong with you, but they will try.
They may be able to alleviate your symptoms without knowing what's causing your trouble.
Medicine is not perfect.
It's not a simple.. you hurt here? then it can only be this ____!
If you are indigent you need to talk to the hospital's billing office.
They should be well versed in dealing with folks who cannot pay their bills.
This happens nonstop in our hospitals here in the U.S.
There is help available as was mentioned earlier... medicare, medicaid, etc.
No one here can get you any help with your bill... UNLESS... they are willing to start making phone calls on your behalf until they start dealing with personal information without authorization from you. HIPPA will stop anyone from helping you without legal documentation that you authorize that individual to be your advocate with access to all your personal information or specific bits you state individually.
So.. you need to find someone you have physical contact with to help.
If you feel unable to deal with the people from the hospital, social services, etc, you need to provide another person with written, notarized, legal authority to take care of your paperwork for you.
Face it... you're gonna have to talk to someone, and probably explain things to someone.
Find a way to do it, or just blow off the bill and summons.
If you own anything of value and it is identifiable by the courts, you can find a lien against it or the 'injured' party... the hospital... can sue you for damages and the court will order any valuable possessions not required by you for basic necessities (like a wheelchair for example.. they can't take that from you and sell it to recover goods, also not your primary residence, I believe), to be sold and the money given to the plaintiff.
Or... the hospital will realize they are going to spend more money on taking you to court than what they would ever get back and they write it off as a loss.
The physician's billing outfit will keep contacting you for payment, then probably turn your bill over to a private collection agency.
They will, in turn, start hounding you to pay up. You will also incur extra cost because your bill is overdue.
Some collection agencies try to strong-arm you by making incredible threats of what they can do to you.... take everything you own, send someone to your house to talk to you personally (not suggesting violence but intimidation), etc.
Most of that is just hot air.
More than likely, if you life in Idaho, the collection agency will be based in Florida or some similar place.
As your bill continues to be delinquent, reports will be made to one of several credit bureaus who will attach this information to a record with your name and social security number on it.
If, over the next several years you try to get a loan, credit card, etc., these places will get a copy of that report and see you did not pay your bill. You will most likely be denied any loan or credit card unless you are willing to accept their terms which will include very high down payments, etc.
If all this sounds scary... well.. to some folks it is.. to others it isn't.
This country is rife with people who do not pay their debts and these same people seem to continue to exist.
I see your biggest problem right now as one of voice.
You need to pull yourself together and get a means of voicing your issues to the appropriate party.
As I mentioned above, you need an advocate.
The only way to have one is to go out and find one.
Wow,
Thank! That makes a lot of sense now that you put it out like that. I don't know who to email. But I guess I can start emailing a lot of people. I didn't know someone could sue for emergency medical bills I cannot pay. That kind of sucks. Nothing I can do about it I guess but tell them.
I don't have enough assests to worry about. They cannot garnish my wages because I make below a f/t minimum wage person.
What I do worry about is my family gives me money to live on, and if that is taken I will be unable to pay my rent and eat, and other expenses as I don't make enough to live on.
I was willing to make payments, but all the letters of the bill said I MUST PAY IN FULL, and I didn't have kind of money.
I guess I will try and explain this to the hospital and see what they say.
Thanks again for your help.
Idaho Aspie
wsmac
Veteran

Joined: 31 Aug 2007
Age: 65
Gender: Male
Posts: 2,888
Location: Humboldt County California
Thank! That makes a lot of sense now that you put it out like that. I don't know who to email. But I guess I can start emailing a lot of people. I didn't know someone could sue for emergency medical bills I cannot pay. That kind of sucks. Nothing I can do about it I guess but tell them.
I don't have enough assests to worry about. They cannot garnish my wages because I make below a f/t minimum wage person.
What I do worry about is my family gives me money to live on, and if that is taken I will be unable to pay my rent and eat, and other expenses as I don't make enough to live on.
I was willing to make payments, but all the letters of the bill said I MUST PAY IN FULL, and I didn't have kind of money.
I guess I will try and explain this to the hospital and see what they say.
Thanks again for your help.
Idaho Aspie
Depending on who you owe how much to, it's possible no one will try to sue you. Again, they have to weigh the cost of the lawsuit and resulting trial to what you owe them.
They cannot go after the money your family gives you to live on, as far as I know.
They definitely cannot take assets away from you that provide you with shelter, food, etc.
But I am not a lawyer. I work in a hospital and what I have written above is what I do know from that and from family being in similar situations.
As far as making payments... I can't see how any hospital would decline getting payments since they lose so much money from nonpayment anyway. Any money they can recover is good.
At our hospital, we give generous discounts of someone pays their bill either in cash(checks same thing) and/or pays before 30 days are over.
Many hospitals are getting somewhat creative in order to get as much money back on their services as possible.
It's not just the patients who are not paying... it's the government also.
Medicare does not always reimburse a hospital or doctor for their full costs associated with patient treatment.
If you can offer payments, then I'm sure they will go for it.
After a time of making payments, you can contact the billing office again and ask if they would accept a lower amount of money if you could pay the remaining balance off right away.
Example... you owe $2,000.00 and make payments for a year averaging $25/month.
After a year you still owe $1,700.00.
You come up with enough money to total, maybe $1,200.00.
Call up the billing department and see if they will take that $1,200 and write off the remaining $500.
Part of the reason this works is because the hospital would like to have as much cash now as opposed to a tiny bit trickling in over several years.
The whole thing about notices saying you MUST PAY IN FULL is to pressure you into paying.
They can, and do, tack on more to the bill in interest and associated costs for collection, but you have the option to make payments.
Again, if a collection agency gets involved, some of those people try really hard to scare you.
They will go as far as they can threatening you, but they cannot do anything more than request you pay the bill... submit a report to credit agencies, and possibly file a lien or suit to recover the money.
Take a look at your bill(s).
Who do you actually owe money to?
Is it all to the hospital?
Are there bills from other businesses associated with the E.R. Physician or the Radiology Department, or the Laboratory?
If this $2,000.00 is actually split between different people as mentioned above, then I think it is unlikely you would be sued for recovery because the amount they are seeking would be less than what they will incur with legal fees and all.
Again... I am not a lawyer, this is just my experience only.
The best thing is to make contact with a specific person in the billing department and whenever possible, continue to speak only to them. They will get familiar with you and hopefully this will create a situation where they may be a bit more friendly towards you.
Even people in the billing department have feelings and a heart!

But they still have to do whatever they can to help recover the hospital's money or it will hit some hard times.
Anyway, hope you can make some positive headway on all this.
Good luck
Take care and may you fare well!
_________________
fides solus
===============
LIBRARIES... Hardware stores for the mind
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