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Help medical question

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Anonymous
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Help medical question

A doctor has judgement against me and my husband. I had services but I just talked to the dr office and they said they sued my husband too because in Virginia that it is a law that if they have both names then they can sue both because we are both responsible.

 

Is this correct?

Message Edited by Harpo on 01-09-2009 06:05 AM
Message 1 of 3
2 REPLIES 2
Anonymous
Not applicable

Re: Help medical question

I guess they can

 

Medical Expenses

Non-Emergency

What about necessary, but not emergency medical expenses? The Virginia Code § 55-37 states in pertinent part:

        • “The doctrine of necessaries as it existed at common law shall apply equally to both spouses, except where they are permanently living separate and apart (emphasis added),…”

What about the situation where only one of the spouse signs the contract for medical services and then defaults? Can the provider of the services successfully sue the other spouse on the theory of necessaries? A 1981 case from the Circuit Court of the City of Richmond provides assistance in this matter.6 There the wife signed-for, received the medical services and then defaulted. The hospital sued the husband and the Court upheld his demurrer as the Plaintiff failed to allege that the Defendant (husband) carried the support obligation in the family.

 

Message 2 of 3
Anonymous
Not applicable

Re: Help medical question

Code of Virginia

 

Read up on 8.01-220.1 and 8.01-220.2

 

There may also be other sections, just have to browse around.

Message 3 of 3
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