Suing the Hospital for ER Bill

[thunder76]

I live in CA, on july 10, 2009 I went to the Hospital in Walnut Creek, CA for swine flu symptoms. I was living with my mother in law at that time and she was already in the same hospital being treated for swine flu. I did not have health insurance due to the unemployment, but I was really sick with Temperatures of 103° , throwing up, diarrhea, and sore throat, muscle ache and etc. For three days I tried to shake it off on my own without going through Hospital but on the 4th day I finally gave in thought they might help me better so I went to the hospital. At the Hospital, they took my blood pressure and body temperature, and told me to wait in the room, finally doctor came in I told the same story to the doctor, he said there is nothing he could do, he told me there is a Tamiflu but there is a shortage on that and government regulates and he can't give me that. I told him if he could give me at least IV since I was losing lots of fluid due to throwing up and diarrhea, he said that is not necessary either and gave me one pill with water for nausea and took off. I immediately asked for the hospital bill and they gave me a bill for $240. After 2 weeks, I got a bill for $995 and they told me the bill they gave me in ER was only partial, that is not the hospital bill. Now I am planning to sue the hospital in small claim court for refusing to treat me for anything and for asking different balance. First, Do you think I have a case here? and if I do, Should pay the hospital bill first and sue them or just sue them without paying them. Thanks in advance

 

[JETX]

Do you think I have a case here?

Simple answer... NO.

Should pay the hospital bill first and sue them or just sue them without paying them.

You don't have a choice. Pay them first.

BTW, one of the reasons that ER bills are so high... is that people (especially ILLEGALS) abuse them by 'going to the ER' for everyday medical needs.... like flu symptoms.
Would have been a LOT cheaper if you had gone to a community 'doc-in-a-box'.

 

[Zigner]

The ER bill has several different components. The ER billing sounds "normal". Also, you can only sue for money in Small Claims Court

 

[sandyclaus]

I live in CA, on july 10, 2009 I went to the Hospital in Walnut Creek, CA for swine flu symptoms. I was living with my mother in law at that time and she was already in the same hospital being treated for swine flu. I did not have health insurance due to the unemployment, but I was really sick with Temperatures of 103° , throwing up, diarrhea, and sore throat, muscle ache and etc. For three days I tried to shake it off on my own without going through Hospital but on the 4th day I finally gave in thought they might help me better so I went to the hospital. At the Hospital, they took my blood pressure and body temperature, and told me to wait in the room, finally doctor came in I told the same story to the doctor, he said there is nothing he could do, he told me there is a Tamiflu but there is a shortage on that and government regulates and he can't give me that. I told him if he could give me at least IV since I was losing lots of fluid due to throwing up and diarrhea, he said that is not necessary either and gave me one pill with water for nausea and took off. I immediately asked for the hospital bill and they gave me a bill for $240. After 2 weeks, I got a bill for $995 and they told me the bill they gave me in ER was only partial, that is not the hospital bill. Now I am planning to sue the hospital in small claim court for refusing to treat me for anything and for asking different balance. First, Do you think I have a case here? and if I do, Should pay the hospital bill first and sue them or just sue them without paying them. Thanks in advance

You have no case. Sounds to me like you had classic symptoms of the flu. No complications that would have required further treatment, and certainly no need for an IV. (An IV would have been called for if you were severely dehydrated or if additional medication was required, neither applies here.)

The ER gets tons of cases like yours every day. Especially when you are uninsured, they limit the resources they spend on them, except in case of a true life-threatening emergency.

As for the costs you are being charged, ER's will usually send you 2 or more separate bills. One for the ER fee (usually a flat fee from the hospital itself, for the room, services and materials/equipment used), one for the ER doctor(s), for their treatment service, and another bill for each specialist who treats you (such as surgeons, anaesthesiologists, etc.). You will often get billed in several installments because each service provider sends their bills separately. Most people never really see these because the insurance company takes care of all that billing.

Don't complain. All those costs are a result of you going to the hospital for the flu. You should have gone to a local clinic or urgent care instead, and they would have told you to go to the hospital if they deemed your condition serious enough. Welcome to the world of uninsured health care.

 

[JakeB]

I have nothing to add to the thread except --

BTW, one of the reasons that ER bills are so high... is that people (especially ILLEGALS) abuse them by 'going to the ER' for everyday medical needs.... like flu symptoms.

Nonsense. Illegal immigrants are the least likely to abuse the ER.

http://www.ppic.org/content/pubs/cacounts/CC_808SMCC.pdf​

-- That's all. Carry on.