Wife is Responsible for Hospital and Medical Expenses of her Husband
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When a motor vehicle collision occurs, it is not unusual for the medical expenses for the resulting injuries to be catastrophic.
It is not at all uncommon for medical and hospital expenses to climb in excess of $50,000.00 even for a short hospital stay.
Unless the injured party can recover from a liability insurance policy or health insurance, medical expenses can ruin a family's financial well-being.
The entire family can be affected because of the longstanding common law "doctrine of necessaries." Under that doctrine, a spouse is liable for the necessary medical expenses incurred by the other spouse. Not only could the personal injuries be devastating to the victim of the motor vehicle collision, but the financial consequences could directly affect the victim's spouse as well.
The common law has long held that it was the duty of a husband to provide for the necessary expenses of his wife. This duty arose from the fact of marriage and not for any specific express guarantee or contract on his part. Our appellant courts have long held that a husband is responsible for the medical expenses of his wife. However, until 1987, the Supreme Court has never addressed the issue of whether the wife was liable for the necessary medical expenses of her husband.
This issue was answered by the Supreme Court in the 1987 case of North Carolina Baptist Hospital v. Donnie Harris and Vern Dale Harris. In that case, the lower court upheld a claim made by the hospital against the husband for his hospitalization but dismissed the claim against the wife. On appeal, the North Carolina Supreme Court held that the "doctrine of necessaries," previously only recognized for medical services required by the wife, actually applied to such services provided to either spouse.
The Supreme Court noted that, in recent years, laws relative to the rights of husbands and wives have become gender-neutral. In keeping with this trend, the court held that the wife is liable for the necessary medical expenses provided for her husband.
The defendant wife argued that the "doctrine of necessaries" should be abandoned all together. In response,, the Supreme Court wrote: "We see no reason to take this course. The doctrine has historically served several beneficial functions. Among these are the encouragement of healthcare providers and facilities to provide needed medical attention to married persons and the recognition that the marriage involves shared wealth, expenses, right, and duties. We concluded that the benefits to the institution of marriage will be enhanced by expanding rather than abolishing the "doctrine of necessaries." Our decision is a recognition of personal duty of each spouse to support the other, a duty arising from the marital relationship itself and carrying with it the right to support from the other spouse."
This case underscores the importance of obtaining sufficient medical payment insurance. This insurance is elective and can be included as part of a car owner's liability insurance policy. Most people have medical payment insurance in a relatively low amount ($1,000.00 to $2,000.00). However, medical payment insurance of at least $100,000.00 is available and is relatively inexpensive.
For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.