Obscene Contracts: The Doctrine of Unconscionability and Hospital Billing of the Uninsured
By , February 8, 2012
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This article argues that admission agreements between hospitals and patients, where patients agree to pay the hospital’s full charge for necessary medical services, are unenforceable as unconscionable. It discusses arbitration clauses that patients face upon entering a hospital, giving an overview of the unconscionability doctrine, providing background on hospital billing practices, discussing case law regarding hospital admission contracts, and applies unconscionability to hospital admission agreements.
