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San Antonio, TX asked in Consumer Law, Contracts, Medical Malpractice and Personal Injury for Texas

Q: Can I be held legally responsible for a medical bill in state of Texas, if I, the mother, did not offer legal consent?

A grandparent took my son, whom I have custody of, to an out of network dentist. I was never notified or consented to treatment for this dentist. I found out about everything afterwards, and she told the office to bill my insurance. Now, the dental office is attempting to pass the debt to me, even though I had no knowledge or consent for the treatment. It was not medical emergency, either.

2 Lawyer Answers

A: Parents are responsible for the cost of medical care for their children. So, yes, you can be financially responsible to the dentist. Generally, if a parent cannot be contacted and has not provided other instructions, a grandparent is legally allowed to consent for a minor's dental treatment.

You may have a claim against the grandparent if the grandparent was acting without the authority of a parent--either you or the other parent.

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Answered

A: You aren’t legally responsible for treatment you never authorized. In Texas, only a parent or legal guardian can consent to non-emergency medical or dental care for a minor, so you can deny liability for any charges the office tries to bill you.

Send the dental office a written notice stating that you never consented to the treatment and that your son’s grandparent had no authority to sign on your behalf. Demand that they cease collection efforts against you and redirect any billing inquiries to the responsible party—in this case, the grandparent who authorized the care.

If they continue to pursue you, file a dispute with your insurer and the Texas Department of Insurance, and consider a complaint to the Texas State Board of Dental Examiners for unauthorized treatment. Should the office sue you for payment, you can defend in small claims court by producing your notice of non-consent and Texas law on parental consent for minor medical care.

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