Hospital bill

[L00Nie2]

What is the name of your state (only U.S. law)? Missouri, I and my wife are being taken to court for a hospital bill from Sept. 2002. My wife had surgery and was covered by two insurance plans. In June of 2002 she had been in a accident but it had nothing to do with Sept surgery. When we signed in at the hospital we gave the insurance information and signed a release for them to bill the insurance Medicare was primary and health care net work secondary. We never told them that this was due to a accident and that they should bill a third party because it was not part of the accident.They billed health care and was told by health care that it was due to a accident and they should bill the car insurance so they never billed medicare at all. Now medicare tells us time has expired. We believe they should have billed medicare and then if there was confusion at least there would have been a claim on record within the time allowed. Everybody else got paid except the hospital. My wife has had 5 back surgeries, 3 colon surgeries, a stroke, Hep. C and stage 4 syrosis of the liver all procedures except the 2002 bill have been paid. Their lawyer has now filed for a summary judgement after i asked if i was entitled to a jury trail. Anything that I can do about this?

 

[dolebot]

We never told them that this was due to a accident and that they should bill a third party.

An unfortunate mistake.

It's not important about your wifes diagnosis, and I suggest you delete that section by using the edit function. It's nobodies business but her own.

Their lawyer has now filed for a summary judgement after i asked if i was entitled to a jury trail. Anything that I can do about this?

You really should, and I mean REALLY NEED to contact a lawyer today. I mean now, like right now. Find the money for a retainer or beg plead and do whatever it takes to get someone on your side. Sometimes lawyers do pro bono work. But you need it fast. The deck is stacked against you and your opponent is about to shout Gin.

I am not a lawyer - A summary judgment asks the judge to rule based on the pleadings (those are the papers already submitted by the plaintiff) - essentially they say that there is nothing at issue for the court to decide, its already decided and here is why. To defend against this - you must show that there IS something at issue for the court to decide. You must enter evidence contrary to their motion, or specific facts that dispute the opposing sides evidence.

Its a very tricky road. I wouldn't go down it alone.

By not responding the the motion - you in effect give up the case and lose.

i asked if i was entitled to a jury trail.

He didn't do that because you asked about a jury trial. He already had it ready and waiting. He knows that you can't or won't oppose it, or that you don't have the means or the legal knowledge to defend yourself. Precisely why its a bad idea to go hunting with the wolves - you're a sheep! (figuratively speaking)


In order to receive a jury trial you must be entitled to one. You normally ARE entitled to a jury trial in any matter involving a subject greater than $20. The seventh amendment preserves the right to a trial that existed for those matters. However - you quite likely signed away your right to a trial by jury when signing away at the hospital or doctors. Waiver of jury trial is quite common. You would have had to assert your right and ask the judge during pre-trial mediation for such a trial - and the plaintiff would have had to not assert that you waived the right to a trial by jury.