Marriage to a person with a significant amount of debt can raise some concerns and has potential to create large amounts of liability for the other party. Many states have implemented a doctrine of necessaries in attempts to define the amount of liability created when there is a spousal relationship, […]
In June of 2015 we posted on the positive decision of the US District Court for the Southern District of Ohio in the matter of Baisden v. Credit Adjustments, Inc. whereby the District Court found “prior express consent” was given to Credit Adjustments to call the Plaintiff’s cellphone when the […]
In March of 2014 the US District Court of for the Eastern District of Kentucky discussed the application of the Fair Debt Collection Practices Act (“FDCPA”) to bankruptcy proof of claim filings. Plaintiff, Mallard, filed an adversarial proceeding with the bankruptcy court alleging that Defendant’s failure to redact numerical medical […]
The matter of Orchard Villa v. Irene Suchomma came before the Court of Appeals, Sixth Appellant District, in Lucas County Ohio on July 19, 2013. The trial court found Ms. Suchomma to be liable for her deceased husband’s medical expenses. In June, 2009, Joseph Suchomma signed a contract with appellee […]
In response to the increasing influence of health insurance corporations and medical providers, the Ohio legislature attempted to set forth circumstances under which a hospital or other provider could collect on medical debt, and from whom. On July 8, 2013, in Annette Hayberg v. Robinson Memorial Hospital Foundation, the Ohio […]
The liability that individuals have for their spouse’s medical expenses is a common question for creditors with accounts consisting of medical debt. In the course of our practice in Ohio, Kentucky, and Indiana we have found that liability varies by state and depends upon the courts’ interpretation of common law […]
On February 11, 2013, in the Court of Appeals of Ohio, Third Appellate District, Hardin County, judgment was affirmed in Riverside Methodist Hospital, Plaintiff-Appellee, (“Riverside”) v. Stephanie S. Phillips, Defendant-Appellant, (“Phillips”) Case No. 6-12-14 finding that summary judgment for Riverside was appropriate even without the medical bill being introduced into evidence and […]
Democratic Oregon Senator Jeff Merkley reintroduced the Medical Debt Responsibilities Act as Senate Bill 160 in January of this year. This bill was previously introduced last year, but died in the Senate Banking Committee. Senator Merkley is joined by Senators Dick Durbin (D-IL), Chuck Schumer (D-NY), Tom Harkin (D-IA), Sherrod […]
In December 2012, the Ninth District Court of Appeals reversed and remanded the judgment of the Lorain County Court of Common Pleas in the case of Koch v. Keystone Point Health and Rehabilitation, et al., finding that an arbitration agreement signed by an unauthorized person is not binding. In May, […]
No Private Right of Action for Medical Information Disclosure, OhioHealth Corp. v. Ryan, 2012-Ohio-60. On January 10, 2012, the Tenth District Court of Appeals for the State of Ohio upheld the decision of the trial court granting summary judgment for OhioHealth (plaintiff-appellee) on the claim upon account, and a OhioHealth’s […]
