provide medical care after accident

my son was in a motorcycle accident in florida a drunk driver pulled out in front
of him and left the scene of the accident. he has no insurance he went to the
hospital and they did surgery on his hand they put pins and plates in . now two
and a half months later they want him to prepay for surgery before they will
remove the pins and plates. can they require him to prepay when they put the
hardware in at the hospital. if he cannot pay i guess the hardware will have to
stay in then he will have no mobility.

Asked on September 21, 2016 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, a medical care provider, even a hospital, is not required to perform non-emergency surgery or other procedures without some evidence or guaranty of payment; if your son has no insurnce, they cannot bill the insurer for the work, and people without insurance are often insolvent and/or jugment proof, so there is reason to believe he won't pay any bills himself. Thus, it's reasonable to demand prepayment. 


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