I had a miscarriage in the ER with no insurance. I had applied for Medi-Cal insurance but my paperwork was lost and I was not able to get in to fill out new paperwork before I went to the ER.
The Father was non-existent from the moment I told him I was pregnant.
I now have my first bill of approx $3,000 and that only includes the hospital bill so there are more to come for my tests and sonogram.
My question… Are there laws requiring the Father to help pay the bill? I have searched around online but I cannot find any information or where even to start.
This question could almost touch off the greatest of Great Debates. I don’t think there are any such laws to be factual about it. The political and theological side of the argument involves whether you could have terminated the pregnancy unilaterally without his consent even if he didn’t want you to. You could have legally and he wouldn’t have to be involved in that decision or forced to pay then either so I will leave it at that. If you carried the child to term, he would have been on the hook for many years.
As a practical matter, you could just ask him or his family for help again. They may help if you are persistent but I don’t think they have to legally. I am not a lawyer at all let alone one in your state however.
My sympathies are with you especially if you fully planned carrying the child to term. It is hard losing something like that at any stage.
I rather doubt that there are laws that would compel the father to pay anything since the law would much more likely see the expenses as solely related to your own health and not that of your late unborn child, but a place to start is to see if you can find any laws that require a man to pay for pregnancy-related bills (for a pregnancy that comes to term), or if there are any that compel him to pay towards an abortion.
Shagnasty is not a lawyer, and his answer may be incorrect. Do not rely on it. Some state’s child support laws cover pre-birth medical expenses, without obviously excluding miscarriage. Whether California is such a state, and whether the law could be applied to your situation are questions you should have a lawyer answer, not some message board poster making guesses.
Make some phone calls to family law lawyers in your area – it doesn’t cost you anything to call, and you’ll get better answers.
Is Medi-Cal the California version of medicare? If so, I think it can apply retroactively: after you are found eligible, it is applied retroactively to when you became eligible.
True, I am not a lawyer and I do not know the first thing about relevant laws in her state. I was only speaking in general. I do know that the question shouldn’t be specifically about whether the father should pay but if there is any form of aid available. I don’t know the answer to that either but sultry should investigate all possible avenues instead of that specific one for the greatest chance. There is the off-chance that there is aid available to single mothers or something like that.
That’s exactly what he did say. We were planning a paternity test but I was only 6 weeks so it was too early, and on the day of my miscarriage my mind didn’t think to ask for a DNA test then. I did call the hospital the next day but was told it was too late
I have put in a call to Medi-Cal, am awaiting a call back on any options I have.
It is quite an unfair situation, I am a bit bitter I suppose, how a man can just walk away free and clear.
If the insurance you applied for will not cover you retroactively (it probably won’t) your main option is to see what the hospital billing dept will reduce the bill to if you pay cash. In many circumstances there are two scales for cash and insurance, and there is a very hefty discount for people paying cash (or with credit cards in some cases).
The other possible savings is that there are sometimes various financial assistance and help programs offered with medical bills if you fall below a certain minimum income level.
I did, however, do Medicaid for a few years. Provided you have proof of your income at the time of the miscarriage, as well as proof that you actually were pregnant, I see no reason why you can’t apply now and be covered retroactively as long as you meet other eligibility standards. Medicaid for pregnancy is generally very liberal as far as income guidelines go.
This. The father has no rights or responsibilities until his name goes on the birth certificate. This is usually done at birth or later when one parent takes the other to court and a dna test is done. The problem is that no one can prove who the father is unless he claims it or it is proven through dna.
sultry, I’m sorry for your loss. With respect to payment, if you are retroactively enrolled in MediCal, your procedures/tests/exams should also be retroactively reimbursable.
Does the hospital where you had the miscarriage know that you can’t pay and that you’ve applied to MediCal? I’m not a lawyer, so I wouldn’t be able to advise you much, save that you might discuss with them that you are low income, are presumably eligible for MediCal and they may agree to wait until your paperwork goes through to bill you again.
As far as the father being required to pay, I don’t know that it’s legally required; however, you may need to consider whether the hassle and possible legal fees that could be involved are worth the money you would receive from him. If you find that, yes, it’s worth it, by all means seek reimbursement. If it turns out that MediCal will cover your medical costs, though, you may not need to seek reimbursement unless you have other expenses you feel the father should cover.
I worked for Medi-Cal (welfare department) many years ago, but at that time, and I believe now, Medi-Cal can be applied retro actively, for I think, 90 days. However, I do not remember the specifics or the time limits involved.
There is a Medi-Cal Ombudsman in Sacramento,
Ombudsman Services may be able to help you. Especially if you’ve applied previously.
1-800-896-2512 - TTY
1-800-896-4042 - California only
1-916-654-3890
Again, I don’t remember the time limits nor do I remember the specifics. That information was quickly and happily forgotten the day after I left that employer.
Guess that’s something you should have considered before having sex with the guy. If I get pregnant, is this the type of guy that I would want to have as a father of my children? Is this the type of guy that share’s my values and sense of right and wrong? Is this the type of guy that would be there for me?
Without a paternity test you have really no legal leg to stand on. Even if you had proof that he was the father, I doubt he’d be legally required to pay for your personal medical expenses in this type of situation. This is why Maury Povich stays in business.
I’m very sorry for your loss. It sucks that this guy bailed on you when you got knocked up, but it might be best for you and your family to just suck it up, consider this a big life lesson, and get to work on finding a way to pay off these bills on your own.
Also, in the future, be more choosy about guys that you allow to possibly end up being a father to your child.