About Michael Brotherton Expertise Consumer/Debtor Rights Advocate.
Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years.
Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com.
FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY.
Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be.
Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems.
www.financialemergency.com (copy and paste in browser).
Experience 30 years experience negotiating disputes and resolving financial issues related to consumer debt, corporate debt, and mortgage restructuriing.
Question This is a rather embarrassing situation but here goes...
I was picked up by a city police officer in a parking lot for public intoxication. I was placed under arrest, handcuffed, and taken to the city jail. There the supervisor on duty told the police officer that they could not book me in until I sobered up. The officer took me to the emergency room to be sobered up according to the police report. I had fallen in the parking lot and suffered a fat lip and a chipped tooth. Thats it! The hospital did a brain CT, and a facial CT, and facial xrays along with 2 blood alcohol test. My BAL was well beyond any legal limit at .384. I requested a copy of the consent that they had me sign and my signature was not even readable. I sent certified letters to the hospital, the ER doctor, the imaging company, and the dr who read the CT results disputing the charges. They did not respond and I am now in collections with all of them. I did not request medical attention and the police report clearly states that I was under arrest and in their custody. I was guarded at the hospital and taken from the hospital back to jail by police where I was then officially booked in and immediately released still with a BAL of over .3 I might add. It is my belief that the police department should be responsible for my bill since they initiated the treatment and I was in their custody. Again I did not request any medical care and my signature should be invalid under the circumstances.
Again, this is very embarrassing for me. I have worked very hard to restore my credit from a prior bankruptcy over 8 years ago.
Any assistance or guidance you offer would be greatly appreciated.
Thanks
Answer Although this is not my particular area of expertise I am somewhat familiar with the subject. Depending on your state it is common that even though you are under the control of a law enforcement agency you are still responsible for your own medical costs. If they fealt you needed medical care you do not necessarily have to consent. You were in no condition to give consent anyway. You may have been able to actually refuse treatment but were in no condition to do so. Since you were injuured they aparently thought you needed to be checked out.
You may want to seek legal counsel or do your homework online for rules for your state regarding medical treatement of inmates. This may be a minor technical gliche since you had not been booked in yet. I am sure there are rules of procedure for this type of situation since it is not uncommon.
