Medical Bills NYS lawsuit possible?

[gerard2006]

Jurisdiction

New York

guys - a bill collector has been pursuing a $2000 charge which I don't agree with as some things weren't disclosed to me before getting a medical grade 3 device in NYS. I know NYS doesn't allow adding medical debt to credit bureaus but is it likely why will sue me in civil court? Or are their costs to sue much higher than $2000? Thanks

 

[zddoodah]

There is no way for anyone here to predict the likelihood of some unknown creditor suing you.

Based on a very quick and cursory google search, the costs relating to a $2,000 small claims suit would be a $20 filing fee and whatever it costs to serve you with the lawsuit papers (probably no more than $75). Those costs would be included in any judgment that might be obtained against you.

 

[adjusterjack]

is it likely why will sue me in civil court? Or are their costs to sue much higher than $2000?

According to NY's small claims website "A corporation, partnership or association may sue in commercial claims for up to $10,000 without an attorney."

https://ww2.nycourts.gov/courts/nyc/smallclaims/commercial.shtml

(NYC basic rules of court apply state wide.)

That means that their costs would be filing and process service fees which would make it financially feasible to sue for small amounts.

However, they could also hire an attorney. Depending on your contract with the provider you may end up paying their attorney fees.

Is this "bill collector" the original provider of the device or is it a collection agency?

What part of the $2000 do you think you shouldn't have to pay and what wasn't disclosed to you?

 

[gerard2006]

The doctor is the original provider, who then contracted with a third-party to provide medical advice and the collection party was hired by this third party. I only signed the financially liable agreement with the doctor and these costs weren't included

 

[adjusterjack]

You don't have to sign a contract to have a contract.

How did you incur the $2000 bill with the third party provider?

And, once more:

What part of the $2000 do you think you shouldn't have to pay and what wasn't disclosed to you?

 

[Tax Counsel]

The doctor is the original provider, who then contracted with a third-party to provide medical advice and the collection party was hired by this third party. I only signed the financially liable agreement with the doctor and these costs weren't included

Contracts with medical providers typically have provisions in them that the patient agrees to pay for any necessary costs needed for the treatment, including paying other medical specialists to provide some or all of the care. If the doctor had any experience with hiring out for services the doctor could do on his/her own a provision to the effect that the patient agrees to pay for those services will buried somewhere in the contract terms.

Even if the contract doesn't explictly state that and you never dealt with the third party before it provided goods and services to you may at least owe the third party reimbursement for the costs incurred by the third party. The law disfavors results in which one party benefits from goods and services provided to him and then refuses to pay for the benefit. Allowing that result would give you windfall at the expense of the third party provider.

Take a copy of the contract you had and copies of the bills and any correspondence you've had with either the doctor or the third party provider for advice on what obligation you have, if any, to the third party provider. Doing that now may save you spending lots of money trying to obtain a result that isn't available to you.