Medical Bankruptcy

[hffmnheidi]

Here's the situation....I was diagnosed in 2006 with diverticulitus which was a wrong diagnosis back then, but we went with that and changed diets to meet the restrictions(no corn, no nuts, no peas, no seeds, no berries).

Jump to October 2009...thought I was having a flare up. Was in the hospital twice in October for a week at a time. Went back to the ER on Nov. 7 and ended up having a hole in my colon from undiagnosed endemetriosis. They had to do emergency surgery and ended up being in the hospital until the middle of Jan. 2010 because I had a lot of complications. I will be having reconstructive surgery in May of this year to put everything back together, thankfully. And of course, no insurance because I work a low paying daycare job and haven't worked since the beginning of October 2009 and won't be able to go back to work until September 2010 when everything is finally healed.

I can't work right now because the ostomy is a health hazzard around the kids-they could pull it off or the bag could leak and I am on a lift restriction and can't pick kids up.

Finally getting the medical bills rolling in...

640,000.00 for the hospital stay/medicines(ICU for three weeks)
25,000.00 for the radiology department
2,800.00 for the anthesiologist
9,900.00 for the doctor to do the original surgery
6,000.00 for home healthcare to come out 3 times a week for 2 1/2 months
1,200.00 for home healthcare to come 1 time a week for 1 1/2 months
8,500.00 for ostomy/wound care supplies(still getting these supplies)

We are hoping that the state(public aid medical card) will pick up most to all of the bills. My doctor's billing department suggested that I wait until I have the reconstruction surgery and hysterectomy and get all the bills from that to consider medical bankruptcy if the state doesn't give me a medical card.

They qualified me to get food stamps because I have no income and have no assets. The only thing bankruptcy would take care of is the medical bills and two credit cards(one for 300 dollars and one for 1700 dollars). I also have two student loans that I'll still have to pay on which when I get back to work won't be a problem. My "income" when I go back to work will be less than 1200 a month, so there's no possible way I could ever pay these bills off.

What are your opinions about this bankruptcy?

 

[kim532]

I have no help with the bankruptcy, but just wanted to send (((hugs))) and well wishes. This must be so hard.

Kim

 

[mrsklamc]

I don't see how you would have any choice. There's no way you can pay that off on a daycare job.

 

[Planogirl]

Ouch! That's rough.

You might have to go that route. I see such bankruptcies a lot where I work and it's a shame.

 

[Lesleyluvsdisney]

OMG!!! I cant believe those medical expenses!!

Im not going to get into it, but I pay around $200 a month (taken from my salary before I even get it). DH pays $400. and we dont pay for ANY medical treatments, ops or anything. even if you cant or dont work, its all still free.

We did have an experience of this in 2002 when DD took ill in MK and she had to be admitted to emergency room. our travel insurance had to pay out $3000.

I hope you are feeling better soon and everything works out ok for you.

xx

 

[Katie's Butterflies]

I am so sorry you are in this situation.

I see you talked to your doctor’s billing department, but have you talked to the hospital billing department? Some hospitals do a “mercy” thing where in circumstances such as yours, they substantially lower or even eliminate the bills. My local county hospital and a private Catholic hospital near me both do this. Of course, some hospitals are run like businesses (i.e. they’re in it for the money), so they won’t help… but there are many that do want to help.

Hospitals usually want to work out a deal because they'd rather have some money than no money.

Feel better

 

[summerrluvv]

There is no such thing as a "medical bankruptcy". You just file a regular Chapter 7 bankrtupcy if you qualify, and it discharges all of your unsecured debt.

 

[JoiseyMom]

There is no such thing as a "medical bankruptcy". You just file a regular Chapter 7 bankrtupcy if you qualify, and it discharges all of your unsecured debt.

I think she just meant due to medical expenses not consumer debt.

 

[marlynnp]

I think your situation is why bankruptcy exists. I certainly wouldn't feel guilty about filing - definitely beyond your control. Unlike so many people who just spend irresponsibly and then decide to file instead of paying their debts.

I hope your impending surgery goes well and you recovery quickly!

 

[Lisa loves Pooh]

I know someone who declared medical bankruptcy due to his wife's treatment from breast cancer. (Sadly, she died anyway.)

It can't be helped. Do what you need to do, and if you require additional treatment than wait. It isn't like you are taking a last hurrah trip around the world or anything.

Often, bills can be reduced through negotiation with the providers--but if you have no money to pay, there is really nothing you can do.

The person I know did make a full financial recovery--but he wasn't the one who was sick.

And as someone stated--this is the reason that bankruptcy exists. You should not be ashamed to utilize it if you need it.

And from what I understand--the fact that you are bankrupt due to medical circumstance is more favorable than if you are bankrupt due to unwise financial decisions.

Honestly--my DH is in a well paying job and there is no way that we could even afford those out of pocket expenses. Shoot--we can't even come close to being able to buy a house for anywhere near that amount. There is no way you will be able to repay the sticker price on the salary you were previously making. (heck--assuming someone takes home $30,000 year--it would be 33 years to pay back $1 million if they used their entire salary--which of course is impossible.)

to you--hope that your health recovers and hope that you are able to get this resolved soon.

 

[ashleyd725@hotmail.c]

Well you only had these problems and bills because of a misdiagnose shouldn't someone be responsible for their mistake.

 

[Katie's Butterflies]

Well you only had these problems and bills because of a misdiagnose shouldn't someone be responsible for their mistake.

Unfortunately it doesn’t work that way.
Doctors make mistakes all the time, and usually, it’s the patient who has to pay.

 

[dd50]

Unfortunately it doesn’t work that way.
Doctors make mistakes all the time, and usually, it’s the patient who has to pay.

That is true. My DH was misdiagnosed by the military and by the time they found the correct thing it can't be service connected because it was to long.

OP, I wouldn't even think about bankruptcy until you are done with all your treatments. I would talk to someone to see if you qualify for medicaid so you won't need to go through more stress. If you don't qualify for medicaid you may qualify for medically needy.

 

[wdwnomad]

It sounds like you might qualify for Medicad so I would apply for it. Your hospital hopefully will help you out with this if they haven't already. I had to get my mother enrolled in this and they made sure the application didn't get lost in the shuffle. Plus they know all the ins and outs of the system. Once it finally got approved after a few months the hospital took care of submitting their bills to Medicad for payment and it was taken care of. All of the other bills from all of the other doctors I contacted them, gave them the information and they resubmitted their bills to Medicad as well. It was a very stressfull time not only worry about my mother's health but what do with all of these bills. In the end though it all worked out.

I wish the best!

 

[smokeyblue]

I just wanted to say how sorry I am for all your difficulties. I can understand the medical aspect of it. When I was 21 I had a mass on my pancreas and tons of complications ever since. I had 60% of my pancreas removed. The mass turned out to be endometriosis. I have been pretty screwed up since the surgery which was 8 years ago. Lots of digestive and pain problems. I still can function pretty well though, but I have some pretty difficult days.

As far as your medical bills I am so sorry. Luckily I was on my parents insurance and it paid for most of my bills. I work on a Surgical unit at a hospital and we see a lot of folks that are in the same perdicament that you are in. We have the best Social Work/Case Management department. It seems like they always come up with options for people like you. I'm so sorry that your hospital didn't extend the same service to you.

Is there any way you can get on disability? I've seen people get Medicaid retroactively; however this is when social work has worked on it during their many weeks to months of hospital stay. I would call the hospital and see if they have a patient advocate. Perhaps they could get social work to work with you even though you aren't hospitalized any longer. Your home health agency may have a social worker on staff too. I'd also suggest getting in contact with a disabilty lawyer. Please explore all these options before you persue bankruptcy. The best of luck to you.

 

[zscfan]

I would highly recommend that you check out the website www. bkforum.com. The people over there are extremely helpful and sympathetic.

If you do not qualify for medicaid or some other kind of aid and need to file bankruptcy, just make sure that you are completely finished with all of your medical treatment. It is difficult and expensive to include new bills once a BK is filed.

Right now you are what is called judgment proof--if anyone sues you, there is nothing to take. But on the other hand, when you start working again, you do not want outstanding judgments to garnish your wages. If you file BK, any judgments against you would be erased.

Bankruptcy is not the stigma it used to be--I don't encourage it, but in a situation like yours, it might be the only way to rebuild your life. I filed BK last year, and have obtained a small credit card to help rebuild my credit. I also was approved for a car loan last month at 10% rate--not bad.

So if you do need to file, there is life after bankruptcy.

 

[PixieTopaz]

When MY FIL died-very high bills that MIL simply could not pay. She would send in a simple $20 payment every month, and i believe the Hospital "writes off" the debt?
She is in her 80's and didnt file bankruptcy.

 

[summerrluvv]

When MY FIL died-very high bills that MIL simply could not pay. She would send in a simple $20 payment every month, and i believe the Hospital "writes off" the debt?
She is in her 80's and didnt file bankruptcy.

They probably write it off IF you are indigent, but hospitals can and DO sue you for medical debt, get a judgement and garnish your wages/freeze your bank accounts.

 

[deerhart]

Here's the situation....I was diagnosed in 2006 with diverticulitus which was a wrong diagnosis back then, but we went with that and changed diets to meet the restrictions(no corn, no nuts, no peas, no seeds, no berries).

Jump to October 2009...thought I was having a flare up. Was in the hospital twice in October for a week at a time. Went back to the ER on Nov. 7 and ended up having a hole in my colon from undiagnosed endemetriosis. They had to do emergency surgery and ended up being in the hospital until the middle of Jan. 2010 because I had a lot of complications. I will be having reconstructive surgery in May of this year to put everything back together, thankfully. And of course, no insurance because I work a low paying daycare job and haven't worked since the beginning of October 2009 and won't be able to go back to work until September 2010 when everything is finally healed.

I can't work right now because the ostomy is a health hazzard around the kids-they could pull it off or the bag could leak and I am on a lift restriction and can't pick kids up.

Finally getting the medical bills rolling in...

640,000.00 for the hospital stay/medicines(ICU for three weeks)
25,000.00 for the radiology department
2,800.00 for the anthesiologist
9,900.00 for the doctor to do the original surgery
6,000.00 for home healthcare to come out 3 times a week for 2 1/2 months
1,200.00 for home healthcare to come 1 time a week for 1 1/2 months
8,500.00 for ostomy/wound care supplies(still getting these supplies)

We are hoping that the state(public aid medical card) will pick up most to all of the bills. My doctor's billing department suggested that I wait until I have the reconstruction surgery and hysterectomy and get all the bills from that to consider medical bankruptcy if the state doesn't give me a medical card.

They qualified me to get food stamps because I have no income and have no assets. The only thing bankruptcy would take care of is the medical bills and two credit cards(one for 300 dollars and one for 1700 dollars). I also have two student loans that I'll still have to pay on which when I get back to work won't be a problem. My "income" when I go back to work will be less than 1200 a month, so there's no possible way I could ever pay these bills off.

What are your opinions about this bankruptcy?

First, talk to a bankruptcy attorney. This is because you may have to wait for some time after you have the surgeries before you can file bankruptcy. This is because if you have them done and knowing your going to immediately declare bankruptcy, it can be construed as fraud and the debts no be removed. Usually the time frame to wait is 3-6 months.

Either way, it won't matter one iota because your basically uncollectable. Your income is so small and if you have children then many states only let them take a very small amount on any garnishment (here in missouri its like 10%)

I would not pursue the bankruptcy until you have tried to negotiate the debt downwards. Many hospitals will make you pay similarly to what insurance will pay, but given the numbers your quoting and your income, there is little likelihood you'd be able to pay that either.

Given your income, you would easily qualify for a chapter 7 bankruptcy.

As for the FIL who died, the debt actually should die with him since it's HIS debt and HIS estate would be responsible for the debt. Since his spouse was still alive, his estate probably had nothing in it.

 

[Lisa loves Pooh]

That is true. My DH was misdiagnosed by the military and by the time they found the correct thing it can't be service connected because it was to long.

My mom had a lenghty misdiagnosis/failure to diagnose. She fought hard, but after a medical discharge and several years of fighting, she was able to get full VA benefits as a result. He injury was not service connected initially, but improper diagnosis coupled with her job--didn't help matters.

I think it took 3-5 years from injury until the much needed MRI was provided. I don't recall exactly.