Full question:
A hospital is suing me for not paying for a blood test bill that my infectious disease doctor ordered; The blood was drawn in the doctor's office. Can I use a 'lack of standing' defense since it was done at the doctor's office and not at the hospital that is suing me? I was not aware nor was I told the blood would be sent to the hospital and I did not sign a Financial Responsibility with the hospital. Additionally it has been 17 months since the date of service - is 'LACHES' a viable defense? During that time I was being treated for severe depression and addicted to Xanax. Can mental illness be used because of my decreased ability in knowing what I was doing and or agreeing to.
- Category: Contracts
- Date:
- State: Kentucky
Answer:
Contracts are legally enforceable agreements between parties that create obligations. A contract typically requires an offer, acceptance, and consideration (something of value exchanged). Contracts can be express or implied, and a breach occurs when one party fails to fulfill their contractual duties.
In your case, standing refers to whether the hospital has the right to sue you for the bill. If the hospital provided services related to the blood test, they may have standing to pursue payment, even if the blood was drawn at your doctor's office. Privity, or a mutual interest in the contract, is also relevant. Whether you have a lack of privity defense will depend on the contracts between you, your doctor, and the hospital.
Regarding laches, this legal doctrine prevents a party from asserting a claim if they have delayed too long and that delay has harmed the other party. In Kentucky, hospitals can bill for services as long as they are within the statute of limitations, which is typically five to fifteen years depending on the contract type.
Mental illness can impact your ability to enter a contract, but it usually requires a significant impairment that prevents rational decision-making. Simply having a decreased ability to understand may not be sufficient to void a contract.
Even without a formal contract, a court may require you to make restitution if the hospital can show you were unjustly enriched by receiving services. It’s important to consult with a legal professional for advice specific to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.