…. This Note will explore courts’ reluctance to utilize unconscionability in medical billing contexts, despite its otherwise seemingly natural fit. It is this Note’s primary contention that unconscionability should apply toward medical billing of uninsured patients. Furthermore, it is this Note’s contention that the ‘uniqueness of the healthcare market’ has caused a rift between courts’ application of common law unconscionability and medical billing unconscionability and that this tension is not sufficient justification for refuting the doctrine. Lastly, this Note argues that, because courts uniformly apply Uniform Commercial Code (UCC) unconscionability and common law unconscionability across most every factual context, and because there is no compelling justification to the contrary, unconscionability in medical billing contexts should apply just as frequently.
Jeffrey T Hewlett, Unconscionability as a Judicial Means for Curing the Healthcare Crisis (2020) 66 Wayne Law Review 291.