Legal Question in Civil Litigation in Maryland

Medical assoc. suing for payment-Statute of Limitation?

Not sure what this falls under. (5) yrs. ago surgery was performed and was covered under insurance. The doctor & hospital were in network - no mention from the hospital that there was only one contract anesthesiologist used by them so there was no choice, and found out after surgery my insurance would not cover or make exceptions. If I had known earlier they said they would not use any other service. Felt this unfair and tried to work with Insurance Company, to no avail. I'm sure there have been patients who cannot afford to pay $850 and probably have had it written off. I have resided in Va. for 4 years; what is the statue of limitations for them taking me to court? Make a difference that I am out of state. Am I better off just paying the bill since I am 4 hrs. away? Thank you.


Asked on 10/22/05, 10:04 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Medical assoc. suing for payment-Statute of Limitation?

The statute of limitations in MD is 3 years, but there may be factors that could extend or toll it (and check the date the suit was filed - it may have been filed within 3 years - which stops the clock - and just not served until now). In VA the limitation period is 3 or 5 years, for oral and written contract claims respectively, but VA would apply the shorter Md period if the contract was between a Md resident and a Md. health care provider with services provided in Md. As for just paying vs. defending, you need to decide what your time is worth. You may also want to try to call their lawyer and settle it - but don't admit liability (that would re-start the statute!).

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Answered on 10/22/05, 9:13 pm


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