A medical bill is usually unplanned. You don't plan to get sick. You don't plan to acquire a major illness requiring surgery or a long term treatment program. You don't plan to have a catastrophic accident and go to the hospital, undergo surgery and stay in the hospital for an extended stay. When you suddenly have to deal with unexpected doctor bills or hospital bills, it can be a real drain on you financially. Doctor bills often seem inexplicably high, and hospital bills are often astronomically high. If your insurance company does not cover all of your medical bills, then chances are you'll be left with a doctor's bill or a hospital's bill that you cannot repay. Doctors and hospitals are notorious for not offering a reasonable payment solution. They want you to pay the entire medical debt in full, or file bankruptcy.
If you don't pay the medical bill, you will receive constant harassment from a debt collector. Doctors and hospitals are also notorious for hiring aggressive debt collectors, who often call you daily in the hopes that the constant phone calls will eventually cause you to pay their bill in full. The result is that you will be bombarded with phone calls and letters demanding payment of the outstanding bill. With the help of a San Diego bankruptcy lawyer, you can file bankruptcy on medical bills San Diego.
When you have unplanned doctor bills or hospital bills, your best option for dealing with your medical bills may be to hire a lawyer to file a medical bankruptcy, that is, file bankruptcy on your medical debt. Bankruptcy can help you eliminate medical bills and get out of debt fast and start to rebuild credit. In most cases, when your lawyer files a bankruptcy on your medical bills in San Diego, the accounts are totally eliminated.
Generally speaking, in order for medical debt not to be eliminated in a medical bankruptcy in San Diego, two things would have to occur: (1) there would have to be some type of fraud or wrongdoing involved in connection with the incurring of the medical debt; and (2) the hospital or doctor would have to be so aggressive as to file an adversary lawsuit in bankruptcy court seeking to have your medical debt declared to be nondischargeable. You should discuss this issue with an attorney as early as possible.
In order for your doctor or medical provider to have your medical bills declared nondischargeable, they would need to hire an attorney in San Diego to file an adversary lawsuit against you and prove that you allegedly committed wrongdoing or fraud (within the meaning of bankruptcy law) in connection with the incurring of the doctor's bills or hospital's bills.
For example, if you underwent a cosmetic surgery procedure costing $5,000 and did not pay for the surgery and filed bankruptcy a week later, your doctor might hire a bankruptcy lawyer to file a lawsuit in bankruptcy court claiming that at the time you went in for the cosmetic surgery procedure you had no intention of paying the doctor for the medical procedure.
Many doctors refrain from filing medical lawsuits against patients for unpaid medical bills because: (1) it is unwise since a patient may and frequently will countersue the doctor for malpractice, causing the doctor's malpractice premium to go up; and (2) many doctors believe it is a bad business practice for a doctor to be known as a doctor who sues his patients if they cannot afford to pay the bills. Still, it is possible that your medical provider could file a medical lawsuit. If they do, in most cases bankruptcy will get rid of the medical lawsuit and the underlying medical debt.
If you are suffering from unexpected medical bills and are considering filing bankruptcy to obtain debt relief San Diego, talk to an experienced bankruptcy attorney to determine if your medical debt can be eliminated.