Hospital legal question (insurance, credit, lawyer) - South Dakota (SD) - City-Data Forum

jmgg · 02-12-2010, 08:13 AM

My daughter's fiance just received a letter from that wonderful humaitarian hospital called Sanford Health stating that he owes them $ 20,000 from an incident 7 years ago. He has never been notified before this and yes, they're going to send it to collection.

Here's the background. He was 19 years old and at a party. A person that he didn't know punched him, breaking his jaw. This person took off and the police were called. They supposedly were to do an investigation to find the perpetrator, but he wasn't found. My future son in law was taken to the hospital for his injuries.

Obviously, the guy who delivered the punch would be liable if caught. Since he wasn't, the hospital bill, according to everything he was told, was to be covered by the state under some kind of victims fund. At 19, he definitely didn't have the money or insurance.

Does anyone have information on how this situation is supposed to work? Is the hospital able to come back 7 years later, just to ruin his credit for something that wasn't his fault? What's the legal ramifications of this?

dpf · 02-13-2010, 09:36 PM

I'm quite sure that your future SIL is responsible for the bill. Although 7 years is a long time for Sanford to wait to send their first bill. But since no one was ever caught or charged with the assault and he was the one who benefited from the services he is probably going to have to pay it. Not much different that getting being hit by an uninsured driver...you or your insurance company pay whether it was your fault or not. Life ain't always fair.

Grizzly One · 02-14-2010, 09:12 PM

I went through a similar ordeal. I was stabbed by a racist skinhead downtown about 13 years ago and had to go to what was then known as Sioux Valley Hospital. I never received any bills regarding this so I figured that the jerk that stabbed me must have been ordered by the court to pay them. I was sadly wrong. I received a notice 5 years later from Sioux Valley stating that they were going to send me to collections. I wrote a letter to them explaining the circumstances and the reply I got back was that they basically didn't care. I wound up applying for assistance through some program (I believe it was called Victim's Assistance) and they took care of a big percentage of the bill.

SD4020 · 02-14-2010, 09:18 PM

Might check with a lawyer. But for some reason 7 years is a magic number in some of this. Also yes there might be some victims assistance available. That is run to SD Department of Social Services.

jmgg · 02-15-2010, 07:15 AM

Thanks for the info. Hard saying how this will end up.

exflyguy · 02-15-2010, 08:25 AM

i agree - i too believe 7 years is the magic number - i also remember hearing that if you make contact about it they can restart the clock and get another 7 years to collect. whether i'm right or wrong i think it would be best to contact a lawyer as suggested and not to communicate at all with the hospital unless guided by a lawyer ...

ElkHunter · 02-15-2010, 09:16 PM

Wasn't 7 years the statuet of limitations? If so, I wonder if because no convictions or proof of person has happened, that the limitations has run out on them collecting from guilty party? So now they go after him. Just a thought.

exflyguy · 02-16-2010, 11:10 AM

what i read was that 7 years is the statute of limitations, however if you acknowledge the debt prior to it running out, 7 more years apply. i don't know if this is only applies by state or its federal law or what.

i have encountered this topic in writings and articles on tv on several occasions though i can't remember with any clarity the last time i did.

what i've read was that collection agencies will buy these debts and try to get a bite - if you do, you're on the hook for another 7 years. people often don't even remeber the debt and sometimes it was already paid - they aren't to concerned with the facts - if you bite - they'll take you're money.

Kara Baxter · 02-16-2010, 03:31 PM

He would have to file for victim's assistance to receive the funds. and then its doubtful he would get the whole $20 grand.

you could go to a lawyer, but he would just say he was responsible for the bill.

the hospital treated him. so he owes. it doesn't matter if he got beat up or not.

Now, he could go after the other guy to pay, but he doesn't know who to go after.

my02ctd · 02-16-2010, 08:03 PM

I would suggest talking to an attorney asap! If i recall 7 years is the limitation and it must be close to running out so they are jumpy to try to collect. Yes you can get assitance but you must apply for it and might be a little more sticky since it has been 7 years. Also better make sure that this is the total amount or just the cost of the hospital charge WITHOUT the interest. My best friend had something similar happen and the amount they were presenting was just the charge and not including interest. He worked out a payment deal and they wrote off about 2/3 of the bill. So it is possible to work something out. Consult an attorney FIRST before you talk to them any more.