Collection Actions: 9.5.4.2 Duress As a Defense
A potential defense to a hospital collection action based on breach of contract is duress. A hospital’s requirement that a debtor agree to pay the patient’s medical bills in order for the patient to be admitted or discharged may give rise to the complete contract defense of duress, especially if the debtor is not the patient but a relative or friend.996
Duress consists of the following three elements:997