Medical and Healthcare


FDCPA Not Applicable to Proof of Claim Filings

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 […]


What a Difference a State Makes: Variations in Spousal Liability for Medical Debts in Ohio, Kentucky, & Indiana

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 […]


Medical Charges Presumed Reasonable and Challenges Must Be Substantiated

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 […]


No Private Right of Action for Medical Information Disclosure, OhioHealth Corp. v. Ryan, 2012-Ohio-60.

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 […]