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Sued to pay medical bills when never requesting/agreeing to medical service.

Fort Collins, CO |

About 2 years ago I was arrested. When I was arrested I invoked my right to remain silent and wouldn't make any comments nor answer any questions. I had suffered some cuts hours prior to being arrested, and the police took me to the hospital to have them looked at. Got a tetanus shot and that's about it. I was sent medical bills for this and never paid them, as I never requested nor agreed to receive any kind of medical attention. And the injuries were minor. Months later the charges related to the case were dropped. Now I'm being sued for the medical bills, but do not feel I should have to pay them. The opposing lawyer said I'd have to subpoena doctors, nurses, and cops involved to prove my case. True or false? Either way, do I have a leg to stand on?

I was remaining silent while under arrest, so I did not refuse nor accept the medical service. Had I not been under arrest I would have refused it. My thinking about it was that my right to remain silent would trump my not actually refusing service. How can I refuse when I can't say anything?

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Attorney answers 2


Your question needs some clarification. Did you decline the medical service and service was forced on you despite your decline?


If you accepted the medical care then you owe for the service. You were provided with a service that you had no justification to believe was being provided to you for free. You will have to pay at least what the Court determines to be the reasonable value of those services.

If, on the other hand, you can show that you refused medical care and it was forced on you, you may have a better argument. That will likely require witnesses to substantiate your claim.

Robert Salter is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Robert Salter or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.