Author: Alan Alop, LAF
Last updated: October 2005

A well person is at risk in a hospital, for the possibilities of overdiagnosis and needless treatment there are formidable. Patients should avoid hospitals whenever possible.[1]

Thomas Preston, M.D.

Introduction

(Chapter 1 from Defending Hospital Collection Cases Manual)

This is a practice guide designed to acquaint attorneys (and adventurous pro se defendants) with defenses and strategies available to defend patients who have been sued by hospitals for unpaid bills. Avenues of defense are discussed, pleadings and discovery materials are provided, and materials for the trial of these cases are included.

Experience demonstrates that almost any hospital case can be successfully defended. Because these cases are filed by high-volume collection attorneys, a modest defense litigation effort will generally result in the plaintiff folding or accepting defendant's settlement terms. This guide is designed to aid you in this endeavor. It has a "litigation" format, beginning with motions to dismiss, followed by discussions and examples of the Answer, Affirmative Defenses, Counterclaims, Discovery, Summary Judgment, Depositions, and Trial materials.

 

[1] Charles B. Inlander, Take This Book to the Hospital With You, at 2 (1985).

 

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