provide medical care after accident

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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