Consumer Law, Warranties Am I the right defendant or not?

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bxie

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Dear Sir or Madam:

Five years ago my wife and I took our child to a hospital for second opinion - after many days in hospital without proper diagnose and treatment. The hospital is in our health insurance network. Our child stayed there for 2 days and the hospital billed our insurance $12600. The insurance paid about $4400 - the insurance company negotiated discount rates with all hospitals on the network. After the insurance payment, the hospital felt that the insurance did not pay enough. So they asked us to pay the difference of the full amount and the insurance payment - $8200. We said no - we only pay the co-pay - per policy. So right before the five year period is reached the hospital filed law suit against me.

After reviewing the paperwork sent to me from the plaintiff lawyer, I realized that they may have filed law suit against a wrong person - I never signed any legal contract or agreement with the hospital to take financial responsibility for our child. The signature on the hospital payment agreement is by my wife. The reason? I was buying some food for the family at that time, and my wife was the primary policy holder. She has to show her insurance card to the hospital admission clerk, and signs on all paperwork. So I ended up without any signature on the paper.

Can I argue in the court of law that although I am financially responsible for my child's hospital costs (resonable), and I agreed to take my child to the hospital, I have not signed any contract on paper that indicate my financial responsibility. The fact is that I did not even have any sort of oral agreement with the hospital - I was not there. Also the fact is that there is indeed a signed agreement on such financial responsibility - signed by my wife. If such agreement/contract exist, but I am not part of the agreement, can I be legally responsible in the court of law?

Your advice will be greatly appreciated.
 
A parent is responsible for their child's expenses. Your wife is a guardian who can approve of services in situations such as this and her actions did not change your responsibility for your child's care and its related costs. But moreso, you knew the hospital took care of your child so your failure to object implies consent. If there was any point where you could object, your failure to do so ratifies an agreement of sorts, even if it is as a quasi-contract. I'm just thinking logically here, can't say for certain, but would think that the result is correct based upon one law or the other, perhaps both.
 
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