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I am getting hospital bills for an ex wife's son. (Not my…

Customer Question
I am getting hospital...

I am getting hospital bills for an ex wife's son. (Not my son) . What can I do? She is using my info to get hospital care and they are billing me?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas . We were common law and I divorced her to get custody of our two kids ( she had her rights terminated for our two) I have nothing to do with her but she has a teenage son and now I'm getting hospital bills . She is obviously using my info

Lawyer's Assistant: Has anything been filed or reported?

I just got the bill today and was going to call the hospital tomorrow . Is this considered identity theft?

Submitted: 2 months ago.Category: Legal
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Answered in 3 minutes by:
12/21/2017
Lawyer: legalgems, Lawyer replied 2 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,938
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 2 months ago

That would be incredibly frustrating.

This is called medical identity theft.

Essentially the provider can be contacted and the party may explain that they are not related nor responsible for the patient. If it is referred to the credit bureaus, under the Fair Credit Reporting Act, if the consumer disputes it and the company cannot prove liability they must remove the report from the credit report.
If the medical provider sues, the defendant can explain to the judge the circumstances; the plaintiff has the burden of proof-so they would generally be required to prove that the named defendant is legally liable for the bill.

One can also seek an injunction against the person providing the false information, and if the injunction is violated, the court may sanction them (contempt citation) which may include legal fees, and other reasonably foreseeable and proximately caused damages.

https://www.consumer.ftc.gov/articles/0171-medical-identity-theft

https://www.ftc.gov/tips-advice/business-center/guidance/medical-identity-theft-faqs-health-care-providers-health-plans

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Customer reply replied 2 months ago
I need to call the hospital? And get with my lawyer ? Is my only choice is to keep being harrasssd by her using my info evrytime she goes to the hospital ?
Lawyer: legalgems, Lawyer replied 2 months ago

The injunction would be the way to safeguard against future incidents; injunctions are an effective way to discourage such misconduct. So yes, meeting with an attorney to petition for an injunction would be helpful, as would notifying the provider that one is not legally responsible for the bills.

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Customer reply replied 2 months ago
Thanks
Lawyer: legalgems, Lawyer replied 2 months ago

You are most welcome; good luck to you on this. Take care.

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Lawyer: legalgems, Lawyer replied 2 months ago

Hello Again;

If you have any questions on the above please post by this evening so I can respond tomorrow morning; otherise I will be out of the office for a few days; of course upon my return you can also follow up then.

Enjoy your holidays, and thank you!

If no further questions kindly rate positively but if questions remain, ask away!

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