Skip to main content

Is post judgement interest allowed in Oregon on medical debt acquired while unconscious?

Portland, OR |

I received a summons for a medical bill. I was unconscious when admitted to hospital and “services” were rendered. Is interest allowed on medical debt that was not voluntarily acquired? How about after a judgment is made, can interest continue to accrue?

I found this and wonder if it is applicable;
Where parties contract contained no formula for calculating damages, amount of damages was not ascertainable and prejudg­ment interest was not allowed. Erickson Hardwood Co. v. North Pacific Lumber, 70 Or App 557, 690 P2d 1071 (1984), Sup Ct review denied

Attorney Answers 3

  1. As a general principle, someone admitted to the hospital unconscious is liable for the cost of the medical services her or she received.

    Just imagine the public-policy implications of a rule to the contrary, which would discourage hospitals from admitting unconscious persons brought to the emergency room for treatment!

    Also as a general principle, interest accrues on judgments from the date of judgment at a rate set by statute. I am not licensed in Oregon, but cursory research turned up the Oregon statute linked below, which speaks to the question.

    Not legal advice, just my two cents. I don't practice law in Oregon or hold Oregon licensure. Consult Oregon counsel to obtain legal advice tailored to your specific circumstance. I practice in Vermont ONLY.

  2. Interest is allowed in Oregon, by statute, at the rate of 9%. This can accrue from the time the bill becomes due, and continues to accrue post-judgment. If you believe that the creditor has incorrectly calculated the interest or is otherwise overcharging you, you should consult with a consumer attorney.

    Michelle Freed is licensed in Oregon, Washington and Idaho only. Responses to questions posted in this forum do not constitute legal advice, and does not create an attorney-client relationship.

  3. Your situation is an implied contract, and interest is definitely due once the judgment is entered. I would guess it's also due before the judgment, but you should listen to anyone else on AVVO with more specific information. I would also guess the case you cited involved a commercial transaction, with a written contract, where the plaintiff failed to prove interest was contemplated.

    The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics