Discussion Week 7

The question as to whether a minor can be held contractually liable for the necessary medical expenses when the parent is unable or unwilling to pay is controversial. A parent and a child are two different parties, but according to law, a child can only be allowed a responsible party ready to engage in a contract when they are 18 years of age. At age 18, a person is considered a responsible party even if they are insured under their parent’s insurance policy. According to the Affordable Care Act, parents can keep their children under their insurance policies until at the age of 26 years, and this is regardless of whether the child is financially independent and live on their own. Based on this concept, when a third party supplies the minor’s parents with the essentials needed by the minor, the minor cannot be held liable for the services, and the reason behind this is that the third person’s contract lies in the hands of the parent. In our case here regarding essential medical conditions that are provided to the minor, according to the common law, the parents are responsible for all the medical expenses that are received by the minor. However, there are certain circumstances that a child can be held accountable for third party services. According to common laws such as the Schmidt case, the child can be held contractually liable for their medical expenses in the event that the parent is unable or unwilling to pay. Based on this, there two possible results, one being not liable while the other makes the child liable for the medical expenses.