What to do if my husband and I were on the same insurance at the time that we had our baby who came 3 months early but she passed 3 days later and now the insurance company is denying our claim?

Our baby did not survive and only lived for 3 days. The insurance company is refusing to cover the baby’s medical expenses since we didn’t have a SSN for her. So when we went to get a social, we were denied because the baby was deceased. What do we do because we are being faced with $46,000 in medical bills just for having a baby?

Asked on September 20, 2015 under Insurance Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sorry to hear about your baby.
It would be advisable to file a bad faith claim against the insurance company for its denial of covering medical expenses for a baby that lived for three days and did not have a Social Security Number.  You should also file a complaint with your state's Insurance Commissioner.  File the complaint with the Insurance Commissioner before pursuing a bad faith claim because the bad faith claim is expensive in terms of legal fees unless you find an attorney willing to take the case on a contingency fee basis which means attorney is paid a percentage of the amount recovered.  The bad faith claim will be time-consuming.
Another alternative would be to file bankruptcy.  If you are eligible to file Chapter 7, the medical bills can be eliminated.  Chapter 7 bankruptcy is straight liquidation which will eliminate the medical bill debt.


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