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Medicial Bills-liablity

docco11docco11 member
in Blended Families

Our attorney is out of town for 2 weeks and I am looking for a semi-answer to a question we have re:braces.  We found out through the grapevine, that D is getting braces.  Neither BM or D told us this.  BM is getting D braces for cosmetic issues and apparently called someone who told her that DH would not be responsible for 50% as they are cosmetic to fill a gap and are not medically necessary.  BM is hoping DH is "stupid" and doesn't question the bill and just pays it.  BM's "best friend" texted DH this bc she is finally seeing what kind of person BM is and wanted to give DH a heads up.

We pulled out the CO and it states that they are 50/50 responsible, however, BM must notify DH in the event of a major medical decision, as long as it is not an emergency, so they can discuss and make a decision together.  In the event of an emergency or if they cannot come to a resolution together, then BM has the final say.

Since DH has not been consulted in any way, would he still have liability?  Especially as they are cosmetic and not medically needed?

Also, for anyone who is wondering about our situation, D is still in a high intensity mental institution for juveniles.  Last 2 progress reports have been horrible and she regressed in many areas, even worse in some than when she went in.

 

 

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Re: Medicial Bills-liablity

  • hopankahopanka member
    As a non professional who doesn't know anything about family law in your state, i think you guys should not be liable, if she never asks before the procedure. If she does, though, and your H disagrees, she still has a final say, right? Then, you could have a problem. Take it with a grain of salt, this is just an opinion based on the little info Im given.
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  • joshsmandyjoshsmandy member
    Be careful because a lot of insurances won't cover them at all if they are not medically needed so that may be a large bill. Also from my experience if it is not medically needed your H can refuse to pay but you may end up back in court over it. I would also look at it from Ds prospective of if she is wanting them to feel better about herself and make your decision.
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  • sergeantb44sergeantb44 member
    we have been through similar situations... 1aagree with past posters if not medically necessary they are not likely going to be paid for unless the md is stating that they could be helpful for self image. Secondly we have had the best pull similar stunts with sports then requiring my SO to pay...silly her forwarded an email from her attorney telling her that if there was not conversation or agreement that she would be responsible.
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  • docco11docco11 member

    Thanks.  This is going to be a long 2 weeks until he gets back.  Hopkana, yes, if they couldn't come to an agreement, then BM would be the final say.  However, since they are cosmetic, I wouldn't think we would be liable if we weren't consulted at all.  Just like the institution that she is in right now; insurance is not covering it as they don't agree with the course of treatment.  We are awaiting to hear if the state will agree to scholarship some of it.  If not, we are looking at a 20k bill per month.  She's been there 8 months already.  BM refuses to bring her to a place that is covered by insurance, bc, the nearest one is 45 min away and the one she is in is a 5 minute drive.  It's not "convenient" for her.  But, BM has the final say so we have to pay 1/2.  Which, we bankrupt us but, whatever. 

    Insurance would only pay $1000 anyway and when we are looking at a 5-6k bill, 1k isn't much.

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  • docco11docco11 member
    Also, I have a gap in my teeth.  I wanted braces when I was 12-13 to close it.  I was told no.  It was too expensive.  End of story.  BM bases ALOT off of appearances and is apparently rubbing off on D.  I don't know if D wants them or if BM wants them for D.  
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  • cole2144cole2144 member
    How is that clause worded in your CO? I would advise talking to an attorney because it may be that BM does not have final say over cosmetic procedures rather she has final say when picking a course of treatment if they can`t agree and there is a real medical treatment needed.
    No one else will ever know the strength of my love for you. After all, you are the only one who knows what my heart sounds like from the inside.
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  • docco11docco11 member
    Yes, we have called the attorney, however, he is on vacation for 2 weeks.  The co is worded pretty much how I stated, BM and DH are to confer on all major medical decisions, however, if they are unable to come to an agreement, then BM has the final say.  There is nothing in the CO that addresses cosmetic procedures
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  • docco11docco11 member
    MiracleBByE said:

    Personal experience. I just took my son to get braces and I did them for myself as well. I didnt have to be referred from a regular dentist to see an Ortho. My Ortho said 9 times out of 10 braces are always cosmetic. Unless under extreme cases you can live thru adult hood with your teeth as they grew in. That being said, my insurance didnt question or bat an eye when he sent the bill to them. They paid it and then I paid the remaining out of pocket. I do agree you should atleast be consulted and have the opportunity to speak with the Ortho regarding her "need".

    Honestly I would be taking her back to court regarding the facility shes using that you talked about. Shes causing hardship for her own personal gain.

    Yes, we have been to court.  At the time, there was a release date for D so the judge ruled it was best to keep her there.  D "regressed" and now there is no release date.  We will be going back to court again.
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  • +just+j++just+j+ member

    Surely someone in his office can clarify this for you in the meantime.  It would take them a whole hot 5 minutes. 

    Sorry to hear about your daughter.

    "he offered her the world. she said she had her own" - poet Monique Duval
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