Q: Can an entity sue me for medical debt if I'm not the guarantor?
I am about to be sued for unpaid medical debt. However, my husband is the one who has the insurance through his job, but the bills have always come in my name. He's technically the guarantor, not me. We have requested the bills to be placed in his name countless times, but they never have been. Can I get the suit thrown out because I'm not the guarantor?
A:
The legal theory under which you could be held liable is the "doctrine of necessaries."
Here are some cases discussing the doctrine. I hope this helps provide an answer even if it is not the answer you desire.
https://scholar.google.com/scholar_case?case=13746745908603818933&q=doctrine+medical+necessaries&hl=en&as_sdt=4,26
https://scholar.google.com/scholar_case?case=6859087629901051578&q=doctrine+medical+necessaries&hl=en&as_sdt=4,26
https://scholar.google.com/scholar_case?case=4803561427380009163&q=doctrine+medical+necessaries&hl=en&as_sdt=4,26
Ronald J. Eisenberg
Schultz & Associates LLP
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Chesterfield, MO 63005
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