Clifton Park, NY asked in Collections for New York

Q: Am I financially responsible for a late charge on a medical bill if the doctor keeps sending it to the wrong address?

I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.

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2 Lawyer Answers

A: A collection attorney could advise best, but you posted last week. It could depend on what "somehow got misspelled" means. If it means you gave clear written instructions with your address properly spelled, then you're in the right. If you and the office are blaming one another for the error, it could depend on additional details. Some medical offices or their third-party billing & collection companies are more aggressive than others. Try to resolve it. It's already in collection. If it goes into suit, it'll become a bigger headache than ironing out who was more at fault in the communication process. Good luck

Daniel Michael Luisi agrees with this answer

A: There are many court rules, statutes and procedural safeguards that apply to protect patients in medical collections. But if you are not familiar with them, it’s unlikely you will beat a medical provider represented by experienced counsel. Regarding the wrong address, that is an issue that should be ironed out in settlement negotiations, or in court if it comes to that. Generally, however, mere technical irregularities are ignored by courts unless a substantial right of a party is prejudiced. You need an experienced professional to guide you on your best path forward.

Tim Akpinar agrees with this answer

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